SSDI or ERISA?
- posted: May 12, 2015
Often, potential clients are unsure of what type of disability benefit claim they have. While there are many Federal, State and local programs that may apply, there are 3 primary sources of disability benefits; Social Security (SSDI); benefits offered through a group plan, usually by an employer-sponsored plan; and private policies. All 3 are different, and all may require the assistance of an experienced lawyer.
SSDI claims are governed by Federal law, and are earned through our wage-tax contributions over the years. Employer-sponsored benefits (what we commonly think of as Fringe benefits), are usually governed by a separate Federal law called ERISA. Private policies, which we purchase directly, are usually governed by state law (and may be the basis of statutory or bad faith claims if not handled correctly).
Often, our clients have a combination of claims (and require help coordinating and maximizing all of the benefits they have a right to collect!).
If you or a friend or family member needs help "sorting out" just what type of claim they have, an experienced attorney can help!