If you have been denied disability and life insurance benefits, you should find an experienced ERISA lawyer to help secure the benefits that you are entitled to. ERISA attorneys have the expertise and knowledge to handle complex cases in short and long term disability, pension, long-term care insurance, and life insurance benefits.
If your insurance policy was provided by your employer it may be subject to ERISA, this I have learned from an Oakland ERISA attorney. If this is the case, you may encounter significant pitfalls and hurdles that may prevent you from successfully disputing the denial of disability and life insurance benefits. Luckily, an experienced ERISA lawyer has the knowledge and experience to guide you through various obstacles.
What is ERISA?
The Employee Retirement Income Security Act (ERISA) covers most long-term care, health, life and disability policies and pension benefits provided by employers although there are exceptions. ERISA is a federal statute that pre-empts state laws designed to protect consumers. Unfortunately, it creates significant hurdles for claimants seeking benefits that they are entitled to.
Experienced ERISA lawyers know how to interpret the ERISA statutes, the applicable Regulations set by the Department of Labor, the plan documents and the case law of the federal courts to ensure that your entitlement to benefits is protected.
ERISA appeals lawyers place a lot of focus and attention on the process of appeal. This is because they understand how critical it is to any particular case. The appeals process increases the chances of insurance providers reversing the denial and granting benefits.
If the case does manage to go to court, the court will typically rely heavily upon the evidence submitted to the insurance provider during the administrative appeals process. It is thus to your advantage to provide as much relevant information as possible for the record.
If you purchased a long-term care insurance, life insurance, short-term disability, long-term disability policy of you work for a church-related organization or the government, ERISA does not typically apply. In such a situation, the state laws designed to protect insured persons are available for experienced lawyers to use and ensure that your benefits are secured. The lawyers will work to secure your benefits regardless of your specific policy type.
If your disability, life insurance, or health insurance claim has been denied, you may have a limited window of opportunity within which to appeal the decision. It is therefore important to seek help as soon as possible. Find an experienced lawyer to provide the assistance you need.