ERISA Claims Lawyer

What Is ERISA Law?

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for disability insurance provided by private-sector employers.

When a claim is denied, your insurer must send you a letter that explains your rights under ERISA — like the right to appeal the company’s denial.

ERISA laws may affect various aspects of your disability insurance plan, including the:

• Requirements to file a claim and receive benefits
• Timeline for a decision on your benefits
• Denial process and your rights to appeal or sue

Under ERISA, you only have between 60 and 180 days to appeal a denied claim, depending on your plan.

While ERISA was originally designed to protect workers, many insurance companies have begun to take advantage of this law in order to delay or avoid paying out claims.

Our team can even the playing field and get help standing up to billion-dollar insurance companies. Let us fight for the compensation you deserve.

Who Does ERISA Apply to?

ERISA applies to private sector employees who are enrolled in benefits through their employer, regardless of the company’s size.

If your benefits do not fall under ERISA, you will not have to comply with certain ERISA rules before filing an appeal or lawsuit — which means you may be able to take action sooner.

ERISA does not apply to:

• Churches and employees of religious institutions
• Government employees, like public school teachers, members of the military, and those employed by state or federal agencies
• Individuals who purchase private insurance not sponsored by an employer
• Publicly subsidized plans, like Medicaid or Medicare

We have helped many clients file appeals and take legal action against the insurance companies that wrongfully denied their claims.

ERISA Claims and Appeals Process

When filing a claim under ERISA, it’s important to first review your insurance policy to see if you’re eligible to receive benefits, like different medical conditions that qualify for long-term disability (LTD).

If you applied for LTD benefits and your insurance company sent you a denial letter, attorneys in our network can draft and file an appeal for you, so you can focus on your health.

With denials, the ERISA claims procedures generally include:

• Receiving a denial letter from your insurance company
• Hiring a disability attorney who can handle the appeal process or lawsuit on your behalf
• Getting the benefits you’re entitled to or an ERISA lawsuit settlement

Unfortunately, many insurance companies purposely draw out the claims process. Because of deadlines set forth by ERISA, it’s important to contact a denied disability lawyer as soon as you receive a denial letter to ensure you’re able to file an appeal in time.

Filing an ERISA Lawsuit

If your appeal is rejected, you may be able to file an ERISA lawsuit against your insurance company.

Under ERISA, you must go through the entire claims process before you can file a lawsuit. Otherwise, your case may be immediately dismissed.

Once your appeal has been denied, your ERISA lawyer may be able to file a lawsuit that explains why you’re challenging the company’s denial.

Get Help from an ERISA Attorney

If you’re facing a long-term disability claim denial, our team may be able to help. We’ve partnered with top ERISA lawyers who can take on powerful insurance companies and fight for benefits on behalf of hardworking Americans.

Top ERISA lawyers have qualities that increase their chances of successfully securing compensation for clients. With the right legal team behind you, you can rest easy knowing your ERISA case is in good hands.

Get started now with a free case review.