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The Benefits Provided By ERISA

Employers provide various benefits to employees who have suffered sickness, injury, or loss of a loved one, as well as to those who have retired. The benefits can come via an insurance plan, or by way of a plan that the employer funds itself. The types of benefits coverage typically include:

  • Long-term disability benefits
  • Short-term disability benefits
  • Health insurance
  • Life insurance
  • Accidental death and dismemberment insurance
  • Long-term care
  • Pensions and other retirement funds

Yet disabled workers often have trouble actually obtaining their benefits. The laws are confusing — different laws apply to different plans and different claims. The law which most frequently applies to benefit claims is "E.R.I.S.A." which stands for the Employee Retirement Income Security Act. E.R.I.S.A. is a federal law that has a complicated administrative scheme that must be adhered to in the event of a claim.

When filing a benefit claim under E.R.I.S.A., it is important to consult an experienced attorney to help you maneuver the complex procedures. The Foster Law Firm can help. We've handled thousands of E.R.I.S.A. cases — our experience in this realm is difficult to match. To learn more, contact attorney Nathan Bax, our lead attorney in E.R.I.S.A. matters.

Benefit Denial Under E.R.I.S.A.

If your claim is denied under E.R.I.S.A. and if you fail to properly appeal the denial, your claim will likely be very seriously jeopardized. Indeed, it is often the case that the administrative review and appeal is the most important step of one's case — it is the time where the administrative record is developed.

If you have an E.R.I.S.A. benefit claim that has been denied, you should seek an experienced lawyer to assist you with the appeal of the denial. You should not wait until the appeal is concluded to seek counsel — at that point, it may be too late for help. Indeed, working with a lawyer is often the surest way to obtain the benefits to which you are entitled.

Insurance Claims for Government Employees in South Carolina

E.R.I.S.A. does not apply to employees of governmental or religious entities. State, county, and local government employees, in South Carolina, are provided various types of insurance coverage. However, state employees' claims are usually covered by the South Carolina Administrative Procedures Act. The Act is similar to E.R.I.S.A., but has its own complicated administrative workings. If an appeal is not made correctly or if a deadline is missed then the result will be that the claimant will likely not be able to pursue their claim further.

Other Disability Income and Insurance Benefits

For those whose claims are not governed by one of the aforementioned statutes, there are other laws that may apply. The most prominent regulations stem from the common law of the state of South Carolina. As with all such matters, the state law has certain statute of limitations issues and other requirements that must be adhered to.

If a person does not act timely and misses a statute of limitations then the person's right to pursue the matter will be forever barred. We can help. If you have questions, or would like to speak with an attorney, reach out to us today.

You can call our firm at 864-558-8224 or reach us online. Initial consultations are always free, enabling us to assess your situation and inform you of the likely outcome before you are obliged to retain us.