Fort Lauderdale ERISA Claims Attorney
Federal Law, Denied Benefits, & What Your Employer’s Plan Actually Owes You
ERISA, the Employee Retirement Income Security Act, is a federal law that regulates employer-sponsored insurance and retirement plans. When you hold short-term or long-term disability coverage through your employer and become unable to work due to injury or illness, ERISA governs whether and how your benefits must be paid. The U.S. Department of Labor, through its Employee Benefits Security Administration (EBSA), enforces ERISA rules and oversees the conduct of plan administrators and fiduciaries, the parties responsible for managing your plan.
Insurers deny valid ERISA claims every day. Understanding what the law requires, and what happens next when a claim is denied, is where the right legal representation makes a measurable difference.
What Happens When Your ERISA Claim Is Denied
A denial isn’t the end of the road, but the steps you take immediately after one determine what options remain. Under ERISA, when a claim is denied, your plan administrator must provide a written letter stating the specific reasons for denial, the plan provisions on which the decision is based, and information about your right to request relevant documents and records. They must also give you written instructions for filing an appeal.
You generally have up to 180 days to file a formal administrative appeal. That window matters for a reason many claimants don’t realize until it’s too late: the administrative appeal record is the most consequential document in any eventual federal lawsuit. Once you file suit in federal court, the record closes. No new medical evidence can be submitted. What was built during the appeal is what the judge evaluates.
How Attorney Sperry’s Background Shapes Our Approach
Attorney Sperry began his career representing insurance companies, which means he knows how insurers build denial strategies from the inside. That working knowledge shapes how we approach every appeal and every piece of evidence we assemble before the record closes. We have over 45 years of legal experience handling disability insurance claims and have recovered millions of dollars for clients whose claims were wrongfully denied or delayed.
The standard of review a federal judge applies also depends on how the policy is written. When the plan doesn’t grant the insurer discretionary authority, the court reviews the denial fresh, weighing the evidence independently. When a discretionary clause exists, the court asks only whether the insurer’s decision was arbitrary and capricious, a far more deferential standard. These distinctions are worth understanding before an appeal is filed, not after. Clients work directly with Attorney Sperry throughout the process, from the initial case assessment through any federal litigation that follows.
We offer free initial consultations and handle ERISA cases on a contingency fee basis, meaning no legal fee is owed unless benefits are recovered.
If your insurance plan is covered by ERISA and your claim has been wrongfully denied, call (954) 324-2340 or contact us online to schedule a free consultation with an experienced Fort Lauderdale ERISA attorney.
How ERISA Regulates Employer-Sponsored Benefit Plans
Many employees obtain life insurance, short-term disability insurance, and long-term disability insurance through their employer. ERISA sets and enforces minimum standards for private employers that offer these and other benefit plans. Most private employers subject to ERISA must follow rules in five areas:
- Disclosures. Private employers must regularly disclose policy benefits, means of obtaining benefits, rules, limitations, and changes.
- Accountability. Managers of company-offered plans must make regular filings with the federal government to ensure compliance.
- Claims. Private employers must provide policyholders with a clear, written system for filing claims and appealing denied claims. Claims and appeals must be adjudicated within a reasonable timeframe.
- Conduct. Plan managers have legal fiduciary relationships with plan participants under ERISA, and their conduct is strictly regulated.
- Plan Protection. ERISA requires plan managers to act in the best interests of plan participants and policyholders.
These obligations exist because Congress recognized that employees often have little leverage to challenge how their benefits are managed. ERISA gives them a federal framework to do so.
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Martin Sperry, is a respected fellow lawyer in the community who consulted me on the case, and his insight was invaluable. He is highly ethical, extremely knowledgeable, and demonstrates a genuine commitment to the people he serves. His professionalism and care truly set him apart.- Karina A.
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Marty is amazing. Even after my case he’s always been a phone call away to guide me on legal matters and referred me in the right direction. Highly recommend him!- Girasol M.
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We highly recommend Martin Sperry and his team. Mr. Sperry is very knowledgeable and compassionate. He walked us through the process and was always available to answer any questions. He is amazing, professional and truly cares about his clients. We always felt that we were in great hands and knew he would get us a positive result. We always felt comfortable with him and we felt like family. Thank you Mr. Sperry for all you have accomplished for us. You are amazing!- Julia S.
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- Bruno S.
Martin Sperry is diligent thorough and precise with his explanations and delivery in court. His recommendations and integrity led us to a positive result and we are grateful to have found him
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I want to sincerely thank Attorney Martin J. Sperry for his professionalism, legal expertise, and patience throughout my disability case. His over 45 years of legal experience was evident in how he approached every detail, especially when navigating a complex situation involving misinformation from the insurance company.- Duane H.
What stood out most was his willingness to reassess the case when new facts came to light. He remained objective, thorough, and honest — qualities that are invaluable in legal representation. Thanks to his guidance, my case was resolved with a positive outcome.
If you're facing a long- or short-term disability denial or an insurance-related dispute, I highly recommend Martin J. Sperry, P.A. He understands the system, and more importantly, he fights for what’s right. -
I cannot recommend my lawyer and his team highly enough. He took over my short-term and long-term disability case and did an absolutely outstanding job getting my claim overturned. From start to finish, the entire process was seamless and handled with the highest level of professionalism.- Morgan S.
Communication was impeccable throughout the entire case. I was always kept informed, my questions were answered promptly and clearly, and I never once felt left in the dark. What truly sets him apart, though, is that he never treated me like just another case file. He treated me like a human being — with kindness, respect, and genuine compassion.
During an incredibly stressful and vulnerable time in my life, he was steady, reassuring, and deeply attentive to my situation. He listened, he cared, and he advocated for me every step of the way. His expertise, dedication, and empathy made all the difference, and I am beyond grateful for the outcome he achieved for me.
If you are looking for a lawyer who is not only highly skilled but also truly compassionate and respectful, I wholeheartedly recommend him. -
I highly recommend Marty! He was very attentive to my case and was easy to communicate with. He was also very patient with me throughout the process as I had no knowledge of how short term disability claims worked. He was able to get my appeal approved and in a reasonable time frame. Furthermore he always had time for my questions and concerns and was flexible with allowing me to come to his office if needed which was much appreciated. I liked how my case, even though it was not a large case, seemed to hold just as much value to him.- Alaina A.
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Marty is amazing! Caring, great communicator, understanding and treats you like family! Professional in every sense of the word and knows his law!!! And the best part? He WON my case!!!! I highly recommend him!- Donna V.
Our Settlements & Verdicts
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$350,000 Lump Sum Settlement on Individual Disability Policy
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$135,000 Recovery ERISA Disability Benefits
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$5,000,000 Recovery for Delayed Payment of Insurance Benefits
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$800,000 Recovery for Delayed Payment of Insurance Benefits
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$520,000 Recovery of Accidental Dismemberment Benefits
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$260,000 Recovery of Disability Benefits
Who Is Subject to ERISA Regulations?
Private-sector companies, including C-corporations, S-corporations, partnerships, proprietorships, and limited liability companies, that offer insurance plans or pension plans to employees are subject to ERISA. Coverage extends to a range of employer-sponsored arrangements, including profit-sharing plans and health insurance plans in addition to disability coverage.
Not every employer or plan qualifies. Plans offered by government employers are not covered by ERISA. Unfunded excess benefit plans and plans maintained outside the United States primarily for the benefit of nonresident aliens are also exempt. Individual disability insurance policies purchased privately outside of an employer plan are governed by state law rather than federal ERISA rules, which affects what remedies are available and how a denied claim must be pursued.
Broward County’s private-sector workforce spans healthcare, finance, hospitality, and professional services, industries where employer-sponsored disability plans are common. Whether a specific plan is subject to ERISA depends on how it was established and by whom. We can review your plan documents and determine whether your employer or benefit plan falls under ERISA, so you know what legal framework applies before taking any next steps.
Talk to a Fort Lauderdale ERISA Lawyer Before the Appeal Deadline Passes
When a disability insurance claim is wrongfully denied, the appeal is a critical stage in the case. We assist with every element of that process, from gathering medical evidence to structuring the administrative record that will matter most if the case reaches federal court. Clients work directly with Attorney Sperry, and because we handle these cases on a contingency fee basis, no legal fee is owed unless benefits are recovered.
To learn more about your rights under ERISA, contact us online or call (954) 324-2340. We offer free consultations and can help you understand your options.
Frequently Asked Questions About ERISA Attorneys
How Does ERISA Protect My Rights?
ERISA protects your rights by requiring transparency and accountability from those who manage your benefit plan. You’re entitled to detailed information about your plan’s features and funding. Fiduciaries must act in your best interests, and if they don’t, ERISA gives you access to federal court to pursue denied benefits or address breaches of fiduciary duty. That federal framework is what separates ERISA-covered plans from individually purchased policies, which rely on state law and carry different remedies.
Are There Any Limitations to ERISA Protections?
ERISA doesn’t cover every plan. It doesn’t apply to plans established by government entities or churches, and it doesn’t govern individually purchased private insurance policies or IRAs. ERISA also doesn’t preempt all state insurance laws, though it displaces many of them for covered plans. Whether your plan falls under ERISA or state law matters because it determines what claims process applies and what remedies are available if your claim is denied.
What Steps Can I Take If My ERISA Rights Are Violated?
Start by gathering all plan documents and any written communications with your plan administrator, including the denial letter and any explanation of benefits. Then consult an ERISA lawyer promptly, because administrative remedies generally must be exhausted before a lawsuit can be filed, and the appeal deadline under ERISA is typically 180 days from the denial. Martin J. Sperry, P.A. can review your situation and advise you on the appropriate legal steps, including whether your plan qualifies and what evidence to build into the administrative record.
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Personalized Legal Services
All clients work directly with Attorney Sperry to discuss their unique case.
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Cost-Efficient Approach
No fee unless we reach a resolution and recovery on your case.
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Experience on Your SideOur Attorney brings more than 45 years of experience to every case that we take on.
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Free ConsultationsDon't wait, contact our firm to schedule your free consultation today.
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