Long Term Disability/ERISA

Are you indefinitely unable to perform your job due to an injury or illness? You could be eligible for long term disability insurance benefits (LTD). There is an option to purchase a private disability income insurance policy, but most workers obtain LTD insurance through group policies that is provided by their employers. The group policies are regulated by federal legislation and is knows as ERISA. ERISA stands for “Employee Retirement Income Security Act” and sets minimum standards for most voluntarily established retirement and health plans in private industry and provides protection for people in these plans.

ERISA is very different from Worker’s Compensation which provides coverage if you somehow get injured while you are performing your job. Worker’s compensation cases tend to be fixed amounts that a worker will receive based on the type of injury. It usually covers related medical bills and therapy as well and compensation is usually reviewed and updated annually by a state-appointed commission. ERISA on the other hand is a complicated law that encompasses many other laws and rules that drive the disability application process. If you are considering filing for ERISA, we strongly recommend that you seek help from an attorney that is experienced in ERISA law. At Gillette Law Group, PLLC, our attorneys have the knowledge to successfully guide you through the process.


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