Disability Claims After Job Loss or Layoff: What Happens When Work Ends Before Benefits Begin
Job loss and layoffs create uncertainty for anyone. When a disabling illness or injury occurs at the same time, the situation becomes even more stressful. Many employees do not realize...
The Biggest Mistakes Long-Term Disability Claimants Make When Completing Daily Activity Questionnaires
Daily Activity Questionnaires are among the most underappreciated tools insurers use when evaluating long-term disability claims. These forms appear simple, but insurers rely on them to look for inconsistencies, minimize...
Why You Should Never Call the Insurance Company Before Speaking With an ERISA Attorney
Many claimants believe the first step after receiving a denial letter or experiencing problems with their long-term disability claim is to call the insurance company for clarification. It feels natural...
I was so scared when my disability insurance company denied my claim. I had no idea how to prepare an appeal. I thought I would lose my house. They walked...
Former Client
I contacted Disability Insurance Law Group and they have been taking care of me since that first call. Alicia and her staff fought for me and kept me informed at...
Ms. B.
As a practicing general dentist for 35 years I did all the right things I was told to do by advisors. When I became unable to practice dentistry after a...
Dr. S.
My experience being a client of Ms. Mindy Chmielarz of Disability Insurance Law Group: I contacted Mindy from an advertisement after reviewing her AV rated status from her legal peers on...
Dr. JM
I realized one year ago I was going to need to file my disability claim and was urgently in need of expert legal counsel. My claim was extremely complicated and...
Dr. FM
am very grateful to Mindy Chmielarz for helping me with my disability claim. She is extremely experienced and knowledgeable in disability law. She was a tremendous asset and it was...
BT
I worked as a teacher for 15 years. I was in a car accident and despite 3 surgeries, I remained in constant pain. I filed my claim for disability insurance...
Paula R.
I struggled to continue to practice as a dentist after I was diagnosed with MS. After I developed a tremor in my hands, I knew I could no longer treat...
Dr. G.
I never imagined that I would have to discontinue my medical practice due to a disability. Unfortunately it happened, but I had appropriate disability insurance coverage. I knew that proper...
Operating since 1845, New York Life is no stranger to the insurance business and is the largest mutual insurer in the U.S., with over $300 billion in assets under management.
Before purchasing Cigna, New York Life handled long-term disability insurance claims, but they were almost exclusively individual disability policies and not employer-provided disability coverage. With Cigna’s portfolio, New York Life offers employer-provided disability policies governed by the Employee Retirement Income Security Act of 1974 (ERISA).
While many workers believe that because New York Life policies are offered by their employers, the insurer will provide little to no resistance when employees need to pursue their disability benefits. Unfortunately, it takes very little time to learn this is untrue.
That is why we are here. Our disability insurance attorneys represent New York Life policyholders nationwide — no matter where they live or work in the U.S. — with only their best interests and true success in mind so our clients can pursue the benefits they are entitled to from their employer-provided coverage or personal policies.
Are ERISA-Governed Disability Claims Denied More Than Private Claims?
ERISA is often viewed as a pro-insurance company federal law governing all employer-provided benefits. When employees pursue ERISA disability insurance policies, no matter where they live or work in the U.S., they are typically met with resistance from the insurer – no matter how complete their application.
Some factors contributing to ERISA claims being denied more often than private disability insurance claims include, but are not limited to:
Standard of Review
ERISA disability claims are often subject to a “deferential” or “arbitrary and capricious” standard of review by the courts. This means that, in legal challenges, courts may give deference to the decisions of the plan administrator unless those decisions are found to be unreasonable.
This standard may make it more challenging for claimants to overturn denials compared to the “de novo” standard often applied in private disability insurance claims.
Procedural Complexity
ERISA claims involve a complex and specific set of procedures for filing claims, appeals, and legal challenges. The administrative process for ERISA claims can be intricate, and failure to adhere to the procedural requirements may result in a denial. Individuals may find it challenging to navigate these procedures without legal assistance.
Limited Remedies
ERISA imposes limitations on the remedies available to claimants. In most cases, the remedies are restricted to paying benefits owed, and punitive damages are unavailable. This may reduce the incentive for insurers to settle claims and increase the likelihood of denials.
Preemption of State Laws
ERISA preempts many state laws related to insurance, and this can limit the legal remedies available to claimants. State laws that provide additional protections or allow for certain types of damages may not apply to ERISA claims, potentially placing claimants at a disadvantage.
Discretionary Authority
Many ERISA plans grant discretionary authority to the plan administrator in making claim determinations. Courts may defer to the administrator’s judgment unless deemed unreasonable. This discretionary authority can make it more challenging for claimants to challenge denials successfully.
Lack of Full Discovery
ERISA claims often involve limited discovery during legal proceedings. This limitation can restrict the claimant’s ability to gather and present evidence in their favor, potentially affecting the outcome of legal challenges.
It is important to note that the perception of ERISA claims being denied more frequently does not imply that private disability claims are always more successful. Individual circumstances, the specific terms of the insurance policy, and the nature of the disability all play crucial roles in the claims process.
Whether you are considering applying for benefits, are waiting for a claim’s decision, or have been denied, we can assist you with your New York Life disability claim anywhere in the country, starting with a free consultation.
We are fully dedicated to providing transparent legal services that allow us to pursue real results for real people who need our help – no matter where they live or work in the U.S.
If you are receiving resistance from New York Life for your U.S. disability claim, or if your claim has already been denied, contact our dedicated disability insurance attorneys nationwide at 954-989-9000 or online to schedule a free, confidential case assessment without delay.
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