Welfare Benefits under ERISA Law


by Jan Camille Canivel

Having enough money is a necessity because it is used to acquire the basic needs of people. One of the primary sources of money is through employment wherein the amount of services that people give is compensated.

However, there are instances wherein a person will stop working due to various reasons. There may also be cases wherein people may need extra financial help. To address these needs of the people the Early Retirement Security Act (ERISA) was established. One of the ways wherein employees are helped by ERISA is through the welfare benefits that are provided by it.

ERIS law is a federal law which is comprised of provisions that cover almost all of the benefit plans private sectors. One of the benefit plans provided by this law is welfare plans that are maintained, establishes, as well as governed by the Social Security to provide employees with two vital benefits like disability and health benefits.

Disability Benefits

Disability benefits are provided to people who are not able to work because of a condition that they have which is expected to last at least a year or may lead to their deaths. Social Security does not provide disability benefits to people who possess disabilities that are only partial, unlike some other programs. Social Security provided benefits to people through the two programs that they have which are:

• Social Disability Insurance Program (SSDI) – The SSDI is only given to people with a disability who already worked or became employed for a specific number of years. Persons who are disabled and want to avail the benefit must apply for it immediately because the processing of some applications may take three to five moths. In addition, when applying for this benefit, there are requirements and information needed including:

o your Social Security number

o your baptismal and birth certificate

o tests and laboratory results

o medical records from your therapists, doctors, clinics, hospitals, and caseworkers that are already in your possession

• Supplemental Security Income (SSI)- The SSI program provides money benefits to people with low income who are 65 years old and above, or are blind, or a disabled.

The SSI governed by the Social Security Administration (SSA) and is paid for by the general funds coming from the U.S Treasury funds, not the Social Security trust funds.

Health Benefits

When the ERISA was amended in order to widen the protection that it provides when it comes to participants as well as health plan beneficiaries, two provisions were added which are:

• Consolidated Omnibus Reconciliation Act (COBRA)- COBRA provides workers as well as their family the right to extend their health coverage for a certain limited time after specific events occur, one of which is when employees lose their jobs.

• Health Insurance Portability and Accountability Act (HIPPA)- HIPPA provides essential new protection for working Americans who possess pre-existing medical conditions or might undergo and experience discrimination in health coverage due to the factors relating to their health. Families of these working Americans are also given the vital protection. Help Acquired Through Welfare Benefits under ERISA Law

Disability and health benefits are only two of the various welfare benefits that are provided by the ERISA law. Various benefits like death benefits, training and apprenticeship benefits, among others, are also given. These benefits that are given will serve as an aid to employees during their time of need.

To help you pursue your disability welfare benefits and related disability claims, consult with our expert Los Angeles disability lawyers. Visit our website and avail of our free case analysis.

About the Author

Jan Camille has fascination for reading and writing. She finished AB Journalism in one of the famous universities. She aims to pursue a degree in law and at the same time continue to write. She wants to inspire others through her writings because she believes that writing is an instrument that can touch other people’s minds and hearts.



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