Fort Lauderdale ERISA Claims Attorney
What Is ERISA?
ERISA stands for the "Employee Retirement Income Security Act" which aims to protect workers by regulating employee insurance policies and retirement plans. When you have short-term or long-term disability insurance and are unable to work as a result of an injury or illness, you will likely qualify for benefits that cover a percentage of your paycheck. However, your employer’s insurer may improperly deny your claim to avoid paying benefits. The United States Department of Labor enforces ERISA rules and oversees the conduct of plan administrators and fiduciaries.
What Happens If Your ERISA Claim Is Denied?
If your plan is covered by ERISA rules, you are entitled to certain rights when your claim is denied. Fort Lauderdale ERISA claims lawyer Martin J. Sperry can help you explore all of your legal options when an insurer acts in bad faith. Our firm has over 45 years of legal experience in this field and has recovered millions of dollars for our clients. We can assess whether your plan is covered by ERISA regulations, determine if you have a case, review potential remedies, and assist you in seeking the compensation you deserve.
If your insurance plan is covered by ERISA and your claim has been wrongfully denied, do not hesitate to call (954) 324-2340 or contact us online. We offer free initial consultations with an experienced ERISA attorney in Fort Lauderdale.
How ERISA Regulates Benefits for Employees
Many employees procure life insurance, short-term disability insurance, and long-term disability insurance policies through their employer. ERISA sets and enforces minimum standards for many private employers that choose to offer these and other types of insurance and retirement plans. Under ERISA, most private employers that offer insurance and retirement plans must abide by rules governing:
- Disclosures. Private employers must regularly disclose policy benefits, means of obtaining benefits, rules, limitations, and changes.
- Accountability. Managers of company-offered policies and plans must make regular filings with the federal government to ensure no rules are being broken.
- Claims. Private employers must provide policyholders with a clear, written system for filing claims and appealing denied claims. ERISA also requires that claims and claims appeals must be adjudicated in a reasonably efficient manner.
- Conduct. Managers of plans and policies have legal fiduciary relationships with plan participants and policyholders under ERISA. Their conduct is strictly enforced.
- Plan Protection. ERISA requires managers of plans and policies to act in the best interests of the plan participants and policyholders.
ERISA rules require that policy administrators make timely decisions about approving or denying benefit claims. If your insurer denies your claim, they are required by law to provide a letter outlining the reasons for their decision. They must also disclose any evidence they used to make their decision and the identities of any experts whose expertise they relied upon during the adjudication process. When your ERISA-covered insurance claim is denied, your policy administrator must provide you with written instructions for how to appeal the decision.
Generally, you will have up to 6 months to file a formal appeal. Your appeal must be reviewed and adjudicated within a reasonable timeframe. If your appeal fails, you will likely have the opportunity to file a lawsuit against your insurer on the basis of your claim being wrongfully denied. These lawsuits are litigated in federal court. Due to the complexities involved in ERISA litigation, it's crucial to work with an experienced ERISA lawyer to help navigate these federal processes and increase your chances of a successful outcome.
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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 certain insurance plans and/or pension plans to their employees are subject to ERISA. However, ERISA does not apply in every case, and there are some employers who are not bound to follow this law. For example, plans offered by a government employer or entity are not covered by ERISA, nor are unfunded excess benefits plans or plans maintained outside of the United States for the benefit of non-resident aliens. If you have questions about ERISA, who it applies to, and whether your employer or benefits plan is subject to this law, our ERISA attorney in Fort Lauderdale would be happy to review your case.
In addition, ERISA coverage includes a variety of employer-sponsored plans benefiting employees, such as profit-sharing and health insurance plans. Employers who do not meet ERISA standards might face significant penalties and legal repercussions, making compliance essential. Furthermore, understanding the nuances of ERISA can help employers establish fair and secure benefit structures while allowing employees to make well-informed decisions regarding their benefit entitlements.
Don't Wait to Get Help With Your ERISA Matter
Our Fort Lauderdale ERISA claims attorney at Martin J. Sperry, P.A. can assist you with every element of your appeal when your disability insurance claim is wrongfully denied. Our firm has a complete understanding of ERISA regulations and can leverage our decades of hands-on experience to move through the process as efficiently and effectively as possible.
Learn more about your rights under ERISA by contacting us online or calling (954) 324-2340. Our Fort Lauderdale ERISA lawyers offer free consultations. We look forward to helping you secure the compensation you deserve with our experienced ERISA lawyer.
Frequently Asked Questions About ERISA Attorneys
How Does ERISA Protect My Rights?
ERISA establishes a framework to protect your rights by mandating transparency and accountability from those who manage employee benefit plans. You are entitled to receive detailed information regarding the features and funding of your plan. The act requires fiduciaries to act in the best interests of plan participants, ensuring they fulfill their responsibilities appropriately. Additionally, ERISA provides the legal means to address grievances, such as denied benefits or breaches of fiduciary duty, through federal court. This framework helps safeguard your financial security as it relates to your employment benefits, allowing you to hold negligent parties accountable if your rights are infringed.
Are There Any Limitations To ERISA Protections?
While ERISA is designed to protect employees, there are specific limitations to its coverage. For example, it does not apply to plans established by government entities or churches. Additionally, ERISA does not govern insurance plans offered through private contractual agreements or individual retirement plans (IRAs). Understanding these limitations helps employees and employers alike recognize when ERISA's protections are applicable and when other regulatory frameworks might come into play.
What Steps Can I Take If My ERISA Rights Are Violated?
Should you believe your rights under ERISA have been violated, it is vital to take deliberate and swift action. Start by gathering all relevant documentation related to your plan and any communications with the plan administrator. Consider consulting with an ERISA lawyer who can assess the merits of your situation and advise on the appropriate legal recourse. In Fort Lauderdale, contacting Martin J. Sperry, P.A. can provide you with the guidance needed to address violations effectively. Legal actions might include administrative corrections or potentially filing a lawsuit if violations persist.
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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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