FREQUENTLY ASKED QUESTIONS

FAQ’s about Disability Insurance and ERISA litigation

1. What is the difference between Disability Insurance and ERISA Insurance?
There are two types of disability insurance:

  1. Individual: Insurance that you purchase.
  2. ERISA: Insurance provided or sponsored by your employer.

When a disability claim is denied, whether it be an individual insurance policy or an ERISA employer sponsored policy, you must take action immediately, otherwise the insurance company may, by default, ultimately win. The longer you wait, the more difficult it can be to contest a denied claim.

2. What is the ERISA Law?
The vast majority of group disability insurance plans provided by employers fall under the jurisdiction of the Employee Retirement Income Security Act of 1974, known commonly by its acronym ERISA.

Unfortunately, the application of the ERISA law to disability insurance plans has reduced, rather than expanded, the legal protections available to policyholders. It has left the field wide open to insurance companies seeking to implement a claims policy that is best described as, "When in doubt, deny the claim."

The ERISA law provides the insurance companies an opportunity to take advantage of its insured’s at the very time when they are the most vulnerable – when they have become disabled, sick, or after the death of a loved one.

3. What does Gruber & Gruber need to initially evaluate my Disability Insurance or ERISA Disability Insurance case?
In a potential insurance case, the most important document required is the original denial-letter from your insurance company.

4. What are your fees?
Gruber & Gruber works on a contingency basis. You pay only if we are successful in your case.

FAQ’s about Pharmaceutical Litigation

1. What do I do if I think I am having a reaction to a drug?
The first step is to immediately contact your physician and inform him or her about the problem and your suspicions.

2. Should I stop taking a drug which is identified as causing a problem?
Do not stop taking medication which your doctor has prescribed, regardless of whether or not you have heard about possible side effects of certain drugs. You should remain in consultation with your physician, even if you are considering a Free Case Evaluation from Gruber & Gruber.

3. What does Gruber & Gruber need to initially evaluate my pharmaceutical case?
In a potential pharmaceutical litigation case, the prescription and/or pharmacy records indicating that you took the drug are the most critical documents. Additionally, obtaining other important pieces of related information such as notes or treatment material from your doctor or the hospital regarding the injury or side effect which you suffered as a result of the prescription medication you took, is crucial as well.

4. If my case is accepted by Gruber & Gruber, what will I have to do to begin?
In most cases, Gruber & Gruber will ask you to complete what is known as a plaintiff fact sheet. You may also be deposed.

5. Will my doctor be a defendant in the lawsuit?
In most cases, no, your doctor will not be a defendant in the lawsuit. Many times, the doctor is as much in the dark as you are about the medication and possible side effects.

6. Is my pharmaceutical case going to be part of a Class Action lawsuit?
In most cases that are brought by an individual, such as those for medical malpractice or personal injury for example, no, these cases are not part of class action lawsuits. However, Gruber & Gruber can assist you and answer your questions about a possible class action that you may qualify for. If you believe you should be included in a current class action, contact Gruber & Gruber today for a Free Case Evaluation. To learn more about class action cases Gruber & Gruber is involved in, click here: Class Actions.

7. How long will it take for my pharmaceutical case to be completed?
Unfortunately, serious litigation such as this is a long process and can last several years. However, the personalized and caring approach of Gruber & Gruber will ensure you and family experience as little stress, emotionally and financially, as possible.

8. What are your fees?
Gruber & Gruber works on a contingency basis. You pay only if we are successful in your case.

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