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Paul McChesney (Admin)
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Username: Admin

Post Number: 728
Registered: 5-2004

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Posted on Wednesday, July 21, 2004 - 7:05 am:   
Most, but not all, short term disability policies are governed by ERISA, a Federal statute. If yours is, and you are denied, you should get an attorney immediately, for this reason:

After your second denial, your only remedy is usually a claim filed in Federal court. But at that point, the record is closed, and you can't add any more evidence. It is often true that the evidence that you submit is not strong enough to meet the very high standard required to win at the Federal court level. A lawyer who does a lot of ERISA work and is good at it will understand what evidence needs to be submitted.

In my area of the country, there are a lot of lawyers who think they are good at ERISA work, but only a few who really are.

A very high percentage of STD and LTD cases are lost by clearly disabled people because they fall into this trap. This part of the ERISA law really stinks, and I am amazed that the Supreme Court says it is legal, but they have done so.

If you have questions about what your rights are in regard to being terminated, I don't know anything about that area of law, and you should search carefully elsewhere for answers.

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This site is maintained by Paul McChesney, an attorney who has been practicing disability law for around 25 years in North and South Carolina.

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