ERISA / DISABILITY
We invest in purchasing insurance is to protect yourselves; we sought to protect ourselves from hardships of disability. No individual anticipates being disabled, however, unfortunate events do occur, and when they do, we expect that our investment will protect us. However, we can’t always get what we expect; some cases, Disability insurance company will deny claims. Knypstra Hermes Zermeno understands that denial of a disability insurance claim is one of the most financially devastating events that can happen to a disabled person.
If insurance companies refused to pay you or loved ones claims arising out of Disability, Health, Life, Long Term Care and other liability insurance claims, count on Knypstra Hermes Zermeno to fight for you.
Did you know that if your health, short-term disability, long-term disability, or life insurance are provided through your employers, disputes arising out of any of the above listed claims are subject to the federal law of ERISA and thus exempt from state law. Not only are the remedies for cases like those are limited, but also the rules and regulations for pursuing those remedies are much different and much more restrictive than you would expect. That is why you need attorneys who understand the law and has the experience to handle your claims. Our firm has extensive experience with the complex appeals procedure and Federal Court litigation of ERISA matters.
Knypstra Hermes Zermeno has over 20 years of experience representing clients defend their disability claims. We will help you get your disability insurance benefits such as Workers Compensation, Social Security and Short and Long term disability policies issued to individuals and employers. Knypstra Hermes Zermeno has successfully represented clients who have had their long and short-term disability claims denied. With aggressive and effective representation, we will get your insurer to pay the claim. If the claim is not reversed, but there is medical evidence to support your disability, we will sue the insurance company on your behalf.
Montour v. Hartford Life Accident Insurance Company
Montour v. Hartford was a key ruling disability benefits case this year. Because of this ruling, a court may no longer affirm a determination based on a “modicum of evidence” supporting the administrator’s decision. Montour v. Hartford focused on two key issues prevalent in many disability cases. First,The Ninth Circuit joined the Sixth Circuit in expressing skepticism about insurers’ reliance on opinions from non-examining doctors. Second, Montour revealed that insurers must compare and contrast their decisions with findings made by the Social Security Administration. For a printable version of this ruling, click here.
If you, or someone you know has problems with their insurance company, call us at 949.679.9202 for a free consultation.