LONG TERM DISABILITY INSURANCE CLAIMS

INCLUDING ERISA

         It has become a common trend for long term disability insurance carriers to deny valid claims either initially or after paying for a year or two, claiming either that the person’s condition has improved or that the definition of disability has changed.  While their actions would in the past have been considered bad faith insurance practices, the insurance companies contend that state bad faith insurance law does not apply to their activities.  They argue that they are an employee benefit plan immune from state law and are governed solely by federal law favorable to the insurance company.  As a result, individuals who have experienced a disabling illness or injury often find that their future ability to provide for their families depends on navigating the complexities of federal law.  The Employee Retirement Income Security Act of 1974, also known as ERISA, is the federal law which governs the majority of Long Term Disability insurance policies in this country. For more information regarding ERISA please click on our ERISA page or our page on ERISA Frequently Asked Questions.  If the LTD plan is provided as an employee benefit or purchased as an employment related group plan, it is probably governed by ERISA.

         Because of the complexity of ERISA, very few lawyers will accept these types of cases.  Unfortunately, without experienced legal representation, few claimants will prevail when faced with the seemingly endless resources of the insurance companies.  The good news is that Bemis, Roach & Reed has years of experience handling ERISA cases and has amassed an impressive track record of winning these cases for our clients at both the Federal District Court level and in the Federal Court of Appeals.  Members of the firm have also written articles on the subject to guide other legal professionals. 

         If you have been denied long term disability benefits, Bemis Roach & Reed offers a free consultation to determine if we can assist you in obtaining or reinstating those benefits.  When a claimant is denied, there is typically a 180 day period in which to submit an administrative appeal to the insurance company that denied the claim.  If this is not done, it may be impossible to later challenge the denial in court.  Once you receive a denial letter, you should not delay contacting us and setting up an appointment.  Cases have been won and lost depending on the quality of the administrative appeal.  In most cases, Bemis Roach & Reed will complete the administrative appeal for you as part of our representation.

Our law firm's office is located in Austin, Texas and we represent individuals throughout the State of Texas, including San Antonio, Houston, Dallas, Fort Worth, El Paso, Galveston and Corpus Christi. We also have a nationwide long term disability and social security disability practice.