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Tucker & Ludin is one of a handful of law firms in Florida that represent individuals - NOT plans - in ERISA claims. Of those firms, even fewer handle all types of disability claims - ERISA, individual insurance, and Social Security Disability. Tucker & Ludin handles all of these types of claims.

John Tucker has practiced law for nearly 15 years, and during that time he served for 4 years as a law professor teaching a course in Employee Benefits/ERISA Litigation at Stetson University College of Law. Mr. Tucker is also a nationally published author in the field of ERISA.
 



ERISA Disability Claims

 

When you get your disability insurance through work, or if you belong to a pension plan that has a disability benefit, you are probably covered under an ERISA Plan. "ERISA" stands for the Employee Retirement Income Security Act, a group of federal laws that are found in Title 29 of the United States Code. ERISA is the law that regulates all employee benefits.

There are very few exceptions to ERISA's coverage for group disability plans. The most common include plans that are offered by employers that are government entities or churches.

Unlike individual disability insurance policies, ERISA plans have a mandatory appeal process that you have to follow before you file a lawsuit to recover benefits. If an ERISA claim is denied, you will have 180 days to appeal it to the plan administrator (the name and address are typically provided in the denial letter).

One of the most significant things to keep in mind about ERISA is that you must submit all evidence you may ever want considered by a court during the ERISA claim and appeal process. In most cases, you will not be permitted to submit new evidence to the court.

ERISA benefit lawsuits are usually handled by Federal Courts. There are no jury trials permitted in ERISA cases, and Federal District Judges that are appointed for life by the President decide these cases.