ERISA: How It Affects Florida Employer-Provided Long-Term Disability Benefits

Employer-provided long-term disability helps protect your financial security if a disabling injury, severe illness, or ongoing health issue keeps you from working for more than a year. While these benefits may be included in your employee compensation package, getting a claim approved is often challenging.

If you’ve filed a claim for long-term disability (LTD) benefits through your employer and hit a wall with delays or denials, you’re not alone. Most employer-provided plans are governed by a federal law called ERISA, short for the Employee Retirement Income Security Act. Our experienced Jacksonville long-term disability lawyer explains what you need to know about how ERISA affects your rights to benefits.

How ERISA Governs Employer-Provided Long-Term Disability Benefits In Florida

The Employee Retirement Income Security Act (ERISA) is a complex federal law that was established in 1974. It applies to different types of employee benefits, both in Florida and throughout the U.S., and sets the rules for most group disability policies.

ERISA determines how claims must be processed, what rights workers have, and what deadlines must be met. While initially created to promote fair treatment, it often works in favor of the insurance company. Ways it can affect your Florida LTD claim:

• ERISA imposes strict deadlines for evidence submission and appealing denied benefits;
• Limits your rights to sue, with no jury trial option;
• Prohibits damages for emotional distress or bad faith;
• Provides a one-shot appeal process, requiring you to submit all evidence before suing;
• Under ERISA, insurers can act as both payers and decision-makers, creating a conflict of interest.

Unlike private long-term disability policies, ERISA also limits your ability to negotiate or argue for broader coverage once your claim gets denied.

How to Strengthen Florida Long-Term Disability Claims Subject To ERISA

Nearly 40 percent of workers receive long-term disability insurance through their employers, as per the Bureau of Labor Statistics. As these policies are generally subject to ERISA, it is important to be aware of how it can impact your case.

If you experience a disabling injury or illness that prevents you from working for a year or longer and are applying for benefits through an employer-provided policy, take these steps to strengthen your claim:

• Request a copy of all policy-related documents.
• Review them thoroughly, paying attention to coverage limits and exclusions.
• Follow all insurer guidelines for filing, reporting, and submitting documentation.
• Provide comprehensive medical records that show how your condition limits work ability.
• Avoid social media, one of the first places insurers look for evidence to dispute claims.
• If your claim gets denied, contact our experienced Florida long-term disability lawyer immediately.

For Help With ERISA Claims, Contact Our Experienced Florida Long-Term Disability Lawyer

Filing for long-term disability benefits is never easy. Unfortunately, ERISA can make the process more confusing and complex. Farrell Disability Law has extensive knowledge and experience navigating these claims and can take the actions needed to help you get the maximum benefits you deserve.

For trusted legal help, reach out to our Florida long-term disability lawyer. Call or contact us online today to schedule a consultation in our Jacksonville or Orlando office.

Source:

dol.gov/general/topic/retirement/erisa

bls.gov/opub/ted/2020/short-term-and-long-term-disability-insurance-for-civilian-workers-in-2020.htm