Long and Short Term Disability Appeals/ ERISA claims
Claims relating to the denial of benefits for long and short term disability as well as other employee benefits are governed by a federal statute known as the Employee Retirement Income Security Act or “ERISA”. That law requires that before any claim can be filed in court, certain administrative and procedural requirements have to be met such as following the written appeal procedures that exist in the Disability Plan.
The law requires that employees be provided with a copy of the written terms of the Disability Plan known as a Summary Plan Description upon request. In addition, the law requires that participants be provided with a written explanation describing the reason that any claim for benefits is denied or is subsequently terminated.
This law also protects employees who have been denied certain vested benefits such as severance pay or pension benefits or employees who believe they have not received the amount of benefits to which they are entitled.
To speak with an experienced New Jersey Employment Law Attorney, contact the Law Offices of Gregory S. Schaer, LLC, conveniently located in Monmouth County, New Jersey.