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Northern New Jersey ERISA Attorneys Help Employees Recover Benefits

Assisting clients with long-term disability and retirement plan claims

The attorneys at the Law Offices of Barbara B. Comerford handle legal matters concerning ERISA and individual long-term disability policies in northern New Jersey. Our firm also provides representation to employees in cases based on retirement plans and insurance. It is our goal is to provide efficient, high-quality legal services to help meet your needs.

Understanding long-term disability policies

Most long-term disability (LTD) policies are paid by employers and protect workers in the event that they are unable to work for long periods of time. LTD policies provide benefits when you are unable to perform your occupation, but certain plans may only cover people unable to perform any occupation. Disability insurance plans can vary widely, even within the same employment setting. Our firm helps disabled workers file claims and appeal denied claims.

Long-term disability and ERISA federal protections

Employees participating in qualifying employer-based disability plans are protected by a federal law known as the Employee Retirement Income Security Act of 1974 (ERISA). Specifically, the Act establishes:

  • A requirement to create procedures for participants to get benefits through claims and appeals
  • A requirement to provide plan participants with certain information
  • Responsibilities imposed on the people who control and manage the plans

Some protections only pertain to plans that have 100 or more participants. Violations of those protections can result in penalties against plan fiduciaries and others charged with making decisions about your benefits. Under ERISA, you are entitled to a copy of your company’s policy. You are also entitled to review the insurance company claim file, including independent medical exam reports. Our attorneys help New Jersey workers understand and assert their rights.

Bringing claims against retirement plans under ERISA

In addition to regulating disability insurance, ERISA sets standards for retirement plans. These standards determine an employee’s rights under a plan including when they can participate and when their benefits accrue. The Act also allows participants to bring lawsuits for breaches of duty under their plan. We help plan participants bring claims to access benefits from:

  • Defined benefit plans
  • Defined contribution plans
  • Simplified employee retirement plans (SEPs)
  • 401(k) plans
  • Profit sharing plans
  • Stock bonus plans
  • Employee stock ownership plans

We assist northern New Jersey clients with all types of claims and appeals related to retirement plans encompassed by ERISA.

ERISA claims based on health insurance

ERISA regulates employer-provided health insurance plans. Additions to ERISA include COBRA, which allows beneficiaries to continue their coverage in certain situations where it would normally be terminated, and the Health Insurance Portability and Accountability Act (HIPAA), which bans some types of discrimination under health plans. In addition to regulating health insurance, ERISA provides standards for insurance policies which provide benefits in cases of accidental death or dismemberment. The lawyers at our firm work with New Jersey clients to bring claims under ERISA, COBRA and HIPAA.

Call an experienced northern New Jersey ERISA law firm for help

Disputes with employers and private long-term disability insurance carriers are common. To know the extent of your rights and what basic actions to take when you suspect you may need to go out on disability, call 201.444.4493 or contact the Law Offices of Barbara B. Comerford online today.

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