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Bay Area ERISA Attorneys

Bay Area ERISA Attorneys

Many Bay Area employers in California provide their employees with long term disability benefits. This can provide a crucial safety net in the event of an unexpected injury or chronic illness. But the mere fact that an employer offers such benefits is no guarantee that the employee will be able to receive them without a struggle. In reality, insurance companies often go to great lengths to deny a claim for disability benefits, and the burden is on the employee–not the employer–to fight for his or her rights.

At Kantor & Kantor, LLP, our Bay Area ERISA attorneys can assist you in obtaining benefits under your employer-sponsored long term disability insurance plan. We know disability law inside and out, and our primary objective is helping you obtain the compensation you deserve. Whether you need help filing an initial disability claim, or navigating the complex ERISA appeals process, we will stand by you every step of the way.

What You Need to Know About ERISA-Based Disability Plans

Employer-sponsored disability plans are governed by the Employee Retirement Income Security Act (ERISA), which is a federal statute. The ERISA includes a number of procedures that must be strictly followed in order for injured employees to receive benefits. Working with a California ERISA attorney during this process is often the difference between success and failure

Here are a few things to keep in mind when dealing with ERISA-based disability plans:

  • The insurance company, not your employer, makes the final determination as to whether or not you qualify as “disabled” under the terms of the policy. Even if your employer agrees that you cannot return to work due to a chronic illness or injury, that will not guarantee your ERISA-related benefits.
  • You may need to consult with medical experts who can provide a fuller account of your disability than your regular treating physician. A qualified Bay Area ERISA attorney can assist you in obtaining such expert opinions.
  • Insurance companies are not on your side. They will seek out any evidence that can undermine your disability claim. This is why it is important to not just seek out expert medical advice but to also carefully follow any instructions or restrictions. In other words, if your doctor tells you not to go skiing, do not go skiing, lest the insurer cites that as “proof” that you are not too sick to work.
  • ERISA appeals are not handled in the same way as insurance claims governed by California law. There are strict deadlines that need to be met, and the type of evidence that can be used in an ERISA appeal is limited. Again, this is why you need to work with a Bay Area attorney who specializes in these types of claims.

Our Bay Area ERISA Lawyers Are Here to Help You

At Kantor & Kantor, LLP, we represent clients from throughout the Bay Area who are struggling to deal with a disability while also pursuing a claim for ERISA-related benefits. The most important thing to remember is that you are not alone–we are here to help. Contact us today to schedule a free initial consultation today so we can learn more about your situation. Please note, you do not pay unless we win your claim.


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