Litigation attorneys at Austin Personal Injury Law Firm Bemis, Roach & Reed are committed to providing exceptional legal services for personal injury, insurance benefits, disability benefits, denied disability claims, and Social Security Disability cases. See what some of our clients have to say:
Disability Insurance & Erisa Law Explained
“My partner, Lonnie Roach, is probably the preeminent ERISA lawyer in the state of Texas. It is an extremely complicated, very difficult practice area. It’s only in federal court, and by the way, our law firm is licensed in every federal district in the state of Texas, so we have a statewide ERISA practice.”
– Greg Reed
One of the advantages of our firm is that we’ve got three partners, all of whom have unique areas of experience. For example, one of my partners, Lonnie Roach, deals with ERISA claims or long term disability claims.
It is an extremely complicated, very difficult practice area. It’s only in federal court, and by the way, our law firm is licensed in every federal district in the state of Texas, so we have a statewide ERISA practice.
I represent people who have become disabled and have a long term disability, usually insurance policy. Quite often these are provided by their employers as an employee benefit. What happens is when these folks become disabled and they believe they have protection for long term disability, they go in and make a claim and that’s the first time they hear the word ERISA.
It is the Employee Retirement and Income Security Act. Basically what it is, is a law passed by the United States Congress to encourage employers to provide benefits to their employees. As a trade off, the employers gain certain protections against legal actions.
Your health insurance, if it is employer provided, is really not insurance, it’s an ERISA plan. Your long term disability insurance, if it’s employer provided, is not regular insurance, it’s an ERISA plan. When you have a dispute with your ERISA plan, well you’re in a world of hurt because what you have is a federal action.
In most instances, our clients come to us after they have been denied. Now, we will certainly take clients who have not yet been denied and walk them through the entire process, but most of the time our clients come to us after a crisis has developed. So our job as attorneys is to review the information that our clients present to us and then supplement the information in order to see if we can get a successful resolution which, in some instances, means changing the insurance company’s mind and in some instances, it means suing an insurance company and making sure that someone else changes the insurance company’s mind. And we do that as well.
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