What Are My Rights as a
Disability Insurance Policyholder?
Whether you purchased disability insurance or are covered as part of an employer-sponsored group plan or on your own policy from a private insurance broker, you do have rights. That said — policyholder rights under those two types of disability insurance are very different from one another, largely because of the federal government's ERISA law.
At the Law Offices of Steven Gaechter, we provide people in Bergen County and northern New Jersey with experienced legal representation and services for matters involving ERISA and private long-term disability plans. Where we differ from others is that here, attorney Steven Gaechter — a 25-year veteran of the New Jersey courts — personally represents every client and performs most, if not all, of the substantial work on their cases.
Talk to an experienced lawyer about an ERISA claim, the law as it applies to non-ERISA claims or your rights. Call us in Hackensack, New Jersey, today at 201-488-1540 or contact us online and we'll get back to you as soon as we can.
Generally speaking, the claims process and the appeals process are very similar. However, the difference between policies governed by the federal government's ERISA law and policies that fall outside ERISA's scope is striking. For example:
Under the federal ERISA law:
- Your rights and remedies are severely limited
- You may not file a lawsuit against the insurer until you file and exhaust an administrative appeal
- There are tough restrictions on where and when evidence can be introduced — limited pre-trial discovery
- Claimants have no right to a jury trial
- No punitive or extra-contractual damages are available
With a non-ERISA claim:
- Policyholders can file a lawsuit seeking coverage benefits as well as consequential and punitive damages from their insurer for bad faith
- Normal evidence and discovery rules apply
- Jury trials are permitted
Help Is Here — Call 201-488-1540 Today for
the Benefits of Experience and the Benefits You Deserve
For a free initial consultation regarding a group employee benefits or individual disability claim — call our law offices in downtown Hackensack or take a moment to contact us online.
Contingency fee arrangements may be available on appropriate ERISA and private disability cases.
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