Legal Question in Insurance Law in California

LTD claim ERISA

I was denied an LTD claim not because of medical reason, but because the insurance company considered me as a contractor, and not as an employee. Nevertheless I have written documents from employer that I was an employee (they reversed their position later), and rulings from both ADD and the IRS that I was an employee.

The case is closed and I need to file suit in Federal Court (ERISA), any advice. I am in San Francisco/Marin County.

Thanks.


Asked on 11/03/04, 2:46 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: LTD claim ERISA

You do need to see a lawyer who is familiar with ERISA claims. Make sure to bring him/her all of the paperwork from your employment/hiring, including all correspondence to and from the insurer. These cases are frequently not so simple. Discuss with counsel immediately, since there are appeal times set forth in the Plan documents (the policy, etc.)

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Answered on 11/04/04, 5:28 pm


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