Long-Term Disability & ERISA attorneys by state.

What is ERISA and why does it matter for disability claims?

ERISA (Employee Retirement Income Security Act) governs most employer-provided benefit plans, including group disability insurance. It preempts state insurance laws, limits remedies, and requires exhausting the insurer's internal appeal process before suing. The administrative appeal record is typically the only evidence courts consider.

My disability claim was denied. What should I do?

Request the complete claim file from the insurer immediately — ERISA requires they provide it free of charge. Review the denial for specific reasons and appeal deadlines. Consult an attorney before filing your appeal, because the appeal is your best opportunity to introduce evidence.

What is "own occupation" vs. "any occupation" disability?

"Own occupation" means you're disabled if you can't perform your specific occupation. "Any occupation" means you're disabled only if you can't perform any job for which you're reasonably qualified. Many policies start with own occupation for 24 months, then switch — often triggering a denial.

Can my disability insurer surveil me?

Yes. Insurers routinely conduct video and social media surveillance to find evidence inconsistent with your claimed disability. An attorney advises on how surveillance evidence is used and how to contextualize it in your claim.

What if my disability is due to a mental health condition?

Many policies limit mental health disability benefits to 24 months. An attorney reviews your policy language and evaluates whether your condition has a neurological or physical component not subject to the mental health limitation.