Guiding You Through The ERISA Claims Process

The Employee Retirement Income Security Act, or ERISA, is a federal statute which governs employee benefit plans which are sponsored by your employer. ERISA plans cover virtually all employee benefit plans provided by your employer, and cover over 160 million Americans. If you became ill or develop a condition that makes it impossible for you to function at work, and if your employer has a group disability plan that covers its employees, you can file a disability claim under ERISA  to obtain disability insurance benefits.

Our ERISA attorneys at Uscher, Quiat, Uscher & Russo, P.C., will help guide you through the claims process and provide valuable representation in preparing your claim, or if an appeal becomes necessary. With over 165 years of combined experience helping clients in New York, New Jersey and throughout the nation, our lawyers have a deep understanding of ERISA and disability insurance law.

We Will Help You Get The Results You Need

When filing an ERISA disability claim, preparation and attention to detail are essential elements to help you succeed. You will need to obtain and prepare claim forms, medical evidence and other supporting documentation to prove the validity of your claim. Our attorneys will be a valuable resource to you throughout the process. We will help you prepare and complete the necessary forms and work with your medical providers to obtain the required information. We will also help you focus on the actual duties of your work to better demonstrate how your condition prevents you from doing what your employment requires.

After filing the claim, insurers must respond within a reasonable amount of time with proper notice of their decision. If your insurer denies your claim, you have 180 days to file an appeal. It is vital to have an experienced ERISA attorney by your side during this stage, because you are required to offer up any evidence which supports your claim during this administrative appeal process. If you do not do so, and wait until a lawsuit is filed, you will likely be precluded from offering any new evidence at that time because it was not put into the administrative record during the internal appeals process. Your claim will be decided by the court based on the evidence you submitted to the insurer during the internal appeals process, so if you fail to provide it during that process, you will not be able to use it in court.  At Uscher, Quiat, Uscher & Russo, P.C., we know how to get the results you need and will work tirelessly to help you obtain the benefits you need, because we understand the claims process and what you can and cannot do in order to be successful.

Don’t Face The ERISA Claims Process Alone

ERISA claims are complex, and many attorneys are not familiar with the nuances of this area of law. Many lawyers think they can just file a lawsuit and prove the claim in court, but if they have not “exhausted” the administrative appeals process and have not put into the record all evidence which supports your claim, your case is likely to be dismissed. Working with an experienced ERISA attorney can avoid such obvious but critical mistakes, thereby increasing your chances of filing a successful claim. To schedule a free consultation, call us at 201-342-7100 or complete our online contact form. We can assist clients in New Jersey, New York and nationwide.