16466 Bernardo Center Drive Suite 281, San Diego CA 92128 | virgil@ilerlaw.com | brooks@ilerlaw.com

Group ERISA Disability in San Diego, CA


Serving El Cajon, CA, and the Surrounding Areas

When you are physically disabled due to injury or sickness, you deserve compensation for your inability to continue working. At Iler & Iler LLP, we specialize in handling cases that focus on all manner of disability claims. Based in San Diego, California, our team of disability attorneys provides complete representation for group disability claims.

Group Disability Insurance and ERISA

With this type of disability claim, long-term coverage is provided through an employer group disability insurance policy or through an employer self-funded plan. The coverage is regulated by a federal law known as ERISA, which stands for Employee Retirement Income Security Act.
Unfortunately, ERISA law clearly favors insurance companies and falls short in protecting the rights of the disabled. For example, you are not entitled to have your case tried before a jury. Usually, a judge decides the case based upon the written evidence in the insurance company's file. Furthermore, you cannot get compensatory or punitive damages.
Although California has passed numerous regulations to keep insurance companies from acting in bad faith and wrongfully denying these types of claims, ERISA law more likely than not will preempt California law, thereby protecting and shielding the insurance company for their wrongful conduct.
Legal Scales - Group Disability Claims in San Diego, CA

Fighting for Your Disability Rights

Regarding the issue of state versus federal law, in 1999, our firm successfully represented a disabled client, taking the case all the way to the United States Supreme Court. Not only did we win this case on behalf of our client, but we also helped make it easier for states to relax some deadlines imposed by group insurance companies for filing disability claims.
Our firm has the expertise and proven track record to aggressively represent you. If you feel that you have been wrongfully denied a claim for long-term disability insurance, you have the right to bring an action in court. We can help you pursue your ERISA disability claim on a contingency fee basis, so you are not obligated to pay any attorney fees unless we win your case.

Regulations and ERISA Procedures

ERISA claims are routinely lost because a claimant doesn't follow the proper rules and procedures. As a result, you should be aware of the following procedural rules/regulations regarding ERISA claims:
  • You must complete the administrative process of your claim through the appeals process before you can file an action in court.
  • Early consultation with an attorney allows him or her to make sure that your file (administrative record) contains the appropriate documents to prove your disability claim in court.
  • The evidence that you are allowed to present in court is usually limited to the administrative record, so you cannot testify, nor can you have any witnesses testify to support your claim.
  • ERISA regulations impose strict deadlines and procedural requirements that must be adhered to.
  • At a minimum, the medical evidence in your administrative record should contain a certification from your treating doctors outlining the limitations and restrictions of your physical abilities. It is also helpful for you to submit a personal declaration of your limitations and restrictions.
  • Most group disability insurance policies require that you also file for Social Security Disability Insurance (SSDI) because the long-term disability carrier is entitled to offset any money that you receive.
Contact us today to schedule an appointment for a free consultation regarding your group disability claim.