The Employee Retirement Income Security Act (ERISA) went into effect to allegedly protect employees from unfair treatment regarding employer-provided retirement or insurance benefits. However, in reality, ERISA often makes it more challenging for employees to appeal claim denials, as there are many rules and restrictions in place.
ERISA appeals are complicated, no matter what type of benefits claim you filed. Claims can include employer-sponsored:
You want to seek help from a Skokie ERISA appeals attorney the moment you learn of a claim denial. This is how you can ensure your best chances at having your denial overturned.
ERISA limits your options when appealing the decision of an insurance company to deny your claim for benefits. First, you cannot head right into court to seek the benefits you deserve. Instead, you must exhaust all of your administrative appeal options first. This generally involves appealing the decision directly to the insurance company – the same one that denied your initial claim.
For your administrative appeal, you cannot simply tell the insurance company that you disagree with the denial and expect them to overturn the decision. Instead, you need to provide additional evidence to support your claim. A lawyer can review the reasons for your claim denial and determine what additional information could result in a claim approval.
You also need to create a complete record during the administrative appeal process. This is because if you have to go to court after your administrative appeals are complete, ERISA limits the information the court can consider. The court can only review the information presented during the administrative appeal process, so your attorney will need to make sure that all relevant information is presented earlier in the process in case you need to go to court.
If you need to file a claim in court, ERISA requires that you do so in federal court. This is because ERISA is a federal law, so state courts do not have jurisdiction over these matters. You want an experienced attorney handling this process for you.
Another time you might need to raise an ERISA appeal is when you believe your employer is mismanaging your retirement benefit funds or not distributing retirement benefits as they should. If you have concerns about your employer-sponsored retirement benefits, you should never wait to discuss the matter with an ERISA appeals lawyer. We can assess your legal options and determine how to best ensure that you receive the full retirement benefits you deserve.
ERISA is a complex law, and it complicates an employee’s ability to receive retirement benefits or health and welfare benefits through their employer. If you need to file any type of ERISA appeal, never wait to contact Bartolic Law. We handle these complicated matters, so please contact us for a consultation today.