In most cases, ERISA lawyers are often used to help comply with – or obtain guidance for – the Employee Retirement Income Security Act (ERISA) including life and disability insurance and apprenticeship plans.
These laws apply to private employers that offer various employer-sponsored health insurance coverage and other employee benefit plans. This Act does not require employers to offer any of these types of plans, nor do the laws apply to privately purchased, individual insurance policies or benefits.
When a claim involves an employee benefit plan, the plan documents and ERISA rules provide time limits for filing an appeal. If a claimant does not appeal within 180 days, the claimant loses his or her right to claim benefits. Furthermore, the claimant may also lose eligibility if he or she does not file a claim for disability before any termination of employment.
Private disability insurance coverage is determined by the content of its policy. If the insured is paying premiums, then the policy remains in force, and a claim may be submitted for benefits at any time.
For more help with your benefits claim, contact us today by filling out and sending the”Free Case Evaluation” form to the left – it’s strictly confidential and 100% free.
How An ERISA Attorney Can Help You
Individually-held disability insurance policies are contractually bound between you and the insurance company. If you are denied benefits with a privately held policy, you have the right to file a lawsuit in either state or federal court, and it will be resolved by a jury of your peers.
However, different laws apply to disability benefits (which are provided by an employer), and as any disputes are governed by ERISA, the claimant is not entitled to a jury trial. In fact, often a trial never takes place.
Usually, the court will review the plan document and the claim file, in order to determine if there was any abuse of discretion. These reviews are often limited and, for this reason, it is very important that a claimant has submitted all evidence in support of the claim during the claim process, not after the claims administrator has made a final decision.
With an ERISA case, the claimant may not file suit until he or she has gone through the claim submission and appeal process. The claimant also has the right to request of the claims administrator any plan documents and the claim file.
This is very important information to have if a claimant is going to proceed with an appeal – as the claims administrator is required to provide a detailed explanation of why the claim was denied and to inform claimants of their right to appeal.
There may be numerous reasons why an insurance company may deny a claim, and an experienced attorney can help explain the reasons for the denial and help you fight for your rights.
Why Choose Our Firm?
At Lewis & Keller, formerly Mike Lewis Attorneys, we service both Winston-Salem and Greensboro, NC and can provide a team that will assist you with the process of obtaining long-term disability benefits. Our ERISA attorneys understand the complicated process of filing an ERISA claim, and can guide you through the entire process.
With over 100 years of combined legal experience that we can apply to your specific case, we have the knowledge and resources to handle your ERISA litigation. We are compassionate to your situation and will fight for your rights in a court of law.
Our firm has extensive experience in handling a large variety of legal issues and cases. However, it is likely we will associate another attorney more experienced in this particular practice area to assist us in handling your claim, all at no additional cost to you and with your full knowledge and consent.
To contact our ERISA attorneys – call us today at 866-299-1769 or simply fill out our online contact form at the top of the page.
*Our firm has extensive experience in handling a large variety of legal issues and cases. However, it is likely we will associate another attorney more experienced in this particular practice area to assist us in handling your claim, all at no additional cost to you and with your full knowledge and consent.