San Francisco ERISA Long Term Disability Lawyers
ERISA Long-Term Disability Policies
Under the federal ERISA law, your rights and remedies as a long-term disability policyholder are severely limited. In fact you have no right to a jury trial and cannot file a lawsuit against the insurer even if you have good reason to believe they have acted in bad faith. Furthermore, even if they did and you can prove it, compensatory and punitive damages are not allowed.
All you can recover are the benefits you should have received in the first place. Simply put, ERISA provides no incentive whatsoever for insurance companies to pay long-term disability claims.
At Goldstein, Gellman, Melbostad, Harris & McSparran LLP, we understand the difficult position our clients have been put in, first by life, and then again by the insurance companies they depended on. If you live in San Francisco, the East Bay including Oakland and Walnut Creek, the South Bay including San Jose, or in any other Northern California community and would like to speak with an experienced lawyer about this issue, call our offices directly at 415.673.5600 or contact us online.
Our attorneys know that even though ERISA poses a serious obstacle, there are ways to overcome it. In fact, our firm has done so successfully on behalf of people from all walks of life including physicians, Silicon Valley and high tech employees and entrepreneurs, educators and white collar professionals. We have represented many gay and lesbian clients and other members of the LGBT community as well.
What Qualifies as a Long-Term Disability?
The answer to that question depends on the specific definitions and terms provided in your policy. Complicating the situation further is the fact that these "policy definitions" may be subject to change or insurance company self serving interpretations. In addition, most ERISA long-term disability policies contain a number of loopholes and exclusions that insurers will often use to deny coverage. And, insurance companies frequently use hired experts to misdiagnose disabilities to try to avoid paying claims.
Some of the more common types of disabling injuries and conditions we have experience with include:
- Back and neck injuries
- Brain injuries/cognitive disabilities
- Mental/psychological illnesses such as depression or bipolar disorder
- Heart disease and cardiovascular disease
- Chronic Fatigue Syndrome
- Carpal Tunnel Syndrome
- Incontinence and bowel and bladder issues
- Mobility problems and issues involving functional capacity exams (FCE)
- Orthopedic Injuries
Bringing a "high value" ERISA long-term disability claim against an insurance company giant such as UnumProvident, Liberty, Hartford, Paul Revere, Standard, Sun Life or Aetna requires a combination of legal experience, knowledge, resources and determination. In many cases we represent our clients in court in ERISA LTD claims and have handled Federal Court cases for client's who have long term disability insurance claims in San Francisco, the East Bay including Oakland and Walnut Creek or anywhere in the Bay Area and California.
For attorneys who can provide you with all of those assets, with clear answers and information and with the personal attention you deserve, call us at 415.673.5600 or contact us online.
ERISA Long-Term Disability Policies News
Policy holder accuses Prudential of violating ERISA
Ninth Circuit Clarifies State Laws Regulating Insurance Do Not Void Discretionary Clauses In Self-Funded ERISA Plans