San Jose Long-Term Disability Benefits Attorneys

California Employees Denied Disability, Life or Health Insurance Benefits

If you have had a problem with a health insurance policy, a life insurance policy, or a short- and long-term disability benefits policy, call (877) 295-4814 to speak directly with a benefits lawyer, or contact Hinkle, Jachimowicz, Pointer & Emanuel online. Your consultation is free. In most instances we will handle your case on a contingency fee basis, which means you pay no attorneys’ fees until we achieve a successful verdict or settlement for you.

There are two types of insurance and benefit plans available to most employees: employer-provided plans and private plans. Employer-provided insurance benefits are covered under a federal law called the Employee Retirement Income Security Act (ERISA). Private insurance plans (and employer-provided plans for government and church workers) are NOT covered under ERISA.

ERISA — Employer-Provided Plans

ERISA was enacted by Congress in 1974 and it applies to most types of insurance you receive through an employer. It also covers pension plans. Because of the complexity of ERISA law, ERISA cases are among the most complex insurance bad faith cases. They are difficult to fight but that doesn't mean they aren't worth the fight.

If you relied on the promise of health benefits or long-term disability benefits and then found your claim denied, this can cause tremendous financial problems for your family. Hinkle, Jachimowicz, Pointer & Emanuel is one of the few law firms in the San Jose area that will take ERISA bad faith insurance cases. Attorney Joel Waelty has extensive experience with ERISA cases and this is one of his primary areas of focus for the firm.

Private Benefit Plans

Some people have privately purchased life insurance, health insurance, and short- and long-term disability insurance. These plans are not covered under ERISA. In addition, benefits plans covering religious workers and government workers are considered private plans.

While many of the insurance bad faith problems are the same, private benefit plan cases are heard in civil courts and can be easier to prove.

• Was your health insurance claim unfairly denied? Insurance companies have extensive systems in place to disallow injuries and deny claims.
• Did your spouse's life insurance company deny payment after his or her death, saying that your spouse misrepresented some fact in the initial application?

It's become increasingly common for insurance companies to engage in post-claims underwriting. What this means is that after someone files a claim, the insurer reviews the initial policy to find anything that might make the policy void.

If you believe your claim for short- or long-term disability has been unfairly denied, or the insurance company would not pay on a life insurance or health insurance claim, contact a lawyer at Hinkle, Jachimowicz, Pointer & Emanuel.

Your initial consultation is free. In most instances we will handle your case on a contingency fee basis, which means you pay no attorneys’ fees until we achieve a successful verdict or settlement for you.