Does ERISA Govern Your Benefit Plan? What Florida Residents Should Know

At Disability Insurance Law Group, our Florida and nationwide claims attorneys know that the Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to protect individuals in these plans.

ERISA does not mandate that employers provide pensions or health plans, but it sets standards for those who do. So, what does that mean for Florida residents and others nationwide whose benefit plans are governed by federal law?

Our experienced ERISA insurance claims attorneys provide some insight.

What is ERISA Insurance Coverage?

If your employer provides specific benefit plans, such as retirement plans (like 401(k)s) or health insurance plans, ERISA likely governs those plans.

ERISA provides participants and beneficiaries of covered plans with certain rights and protections, including:

• The right to receive plan information.
• The right to sue for benefits and breaches of fiduciary duty.
• The right to appeal denials of benefits.

ERISA imposes fiduciary duties on those who manage and control plan assets, including plan sponsors, administrators, and trustees. These fiduciaries must act prudently and solely in the interest of plan participants and beneficiaries.

Federal law also requires plan administrators to provide certain information to participants and beneficiaries, such as summary plan descriptions (SPDs) and annual reports (Form 5500).

ERISA generally preempts state laws related to employee benefit plans covered by ERISA. This means that state laws that conflict with ERISA may be invalidated.

No matter where you work or live in the U.S., disability insurance policies and employee benefit plans are often written with ambiguous and confusing contract language. This provides insurance companies and benefits administrators with the ammunition needed to deny and delay claims.

Why Are ERISA Benefits So Challenging to Claim?

ERISA creates an unequal claims process, placing strict obligations on policyholders pursuing benefits that make maneuvering a claim difficult and frustrating for unaware claimants when they should be focusing on their recovery.

For most, the process is mysterious and often confusing. What you do not know and what your insurance carrier will not tell you can be fatal to your claim. These cases are highly technical, and companies spend millions of dollars annually scrutinizing and defending against these long-term and short-term disability insurance claims.

If you are applying for benefits under an ERISA-governed plan, you should know your obligations to prove your claim and the strict deadlines under which you work.

Our ERISA insurance claim attorneys can help oversee these complex legal issues so you understand your insurance policy terms, your rights and obligations when filing a claim, and the insurance company’s common denial tactics. These tactics can mean the difference between obtaining your deserved benefits and a denied claim.

Contact Our Skilled insurance Claims Attorneys Today

Don’t navigate the complexities of ERISA alone. Contact our skilled insurance claims attorneys in Florida and nationwide today by calling (954)-989-9000 or online to schedule a free and confidential case assessment. Let us use our over 50 years of combined experience to help you.