Do You Have an ERISA Policy or Not? Tampa Long Term Disability Lawyer

If you are employed with a governmental agency, such as a hospital owned by your local municipality, your insurance policy is not subject to the Employer Retirement Income Security Act of 1974 (US Code Section 102(32) and 103(b)(1)).

ERISA Long Term Disability Lawyer TampaIf your Long Term Disability carrier tries to treat this claim as an ERISA claim as opposed to a state law claim, you need representation immediately. It is not uncommon for Long Term Disability carriers to put ERISA specific language in letters for non-ERISA claims and that is really misleading! That is important because under state law you have the right to sue for punitive damages including bad faith and the right to a jury trial.

Your Long Term Disability carrier could be misrepresenting your legal rights. Don’t always trust the denial from your Long Term Disability carrier to correctly identify whether or not your policy is subject to ERISA. This mistake can be costly and deny you your right to a jury trial. If you have any questions whether your Long Term Disability policy is governed by the ERISA statute contact Tampa Long Term Disability claim lawyer Nancy Cavey who can be reached at caveylaw.com or 727-894-3188.

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