In most cases, ERISA lawyers are often used to help comply with – or obtain guidance for – the Employee Retirement Income Security Act (ERISA) including life and disability insurance and apprenticeship plans.
These laws apply to private employers that offer various employer-sponsored health insurance coverage and other employee benefit plans. This Act does not require employers to offer any of these types of plans, nor do the laws apply to privately purchased, individual insurance policies or benefits.
When a claim involves an employee benefit plan, the plan documents and ERISA rules provide time limits for filing an appeal. If a claimant does not appeal within 180 days, the claimant loses his or her right to claim benefits. Furthermore, the claimant may also lose eligibility if he or she does not file a claim for disability before any termination of employment.
Private disability insurance coverage is determined by the content of its policy. If the insured is paying premiums, then the policy remains in force, and a claim may be submitted for benefits at any time.
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