Disability insurance companies have historically refused benefits to policyholders diagnosed with chronic pain disorders, such as Fibromyalgia, alleging that the pain is psychosomatic. Or, the insurance company may allege that the pain is not severe enough to prevent the employee from working. Recent studies have proven them wrong, yet benefits are still often initially denied and require an attorney’s assistance to recover them.
        Krafchick Law Firm handles both individual policy claims and claims brought against group-purchased disability insurance policies. If you are seeking benefits from a policy purchased by your employer, your lawsuit will be governed by a federal statute known as ERISA (the Employee Retirement Income Security Act). If you purchased an individual disability policy, your claim will be governed by your state’s insurance laws. There is a big difference between ERISA and non-ERISA claims.
        ERISA has very strict legal guidelines and limits the damages that can be collected. You can not claim punitive damages, nor are you allowed a jury trial.