Greeley ERISA Claims Lawyer

Greeley ERISA Claims Attorney

ERISA is an acronym for the Employee Retirement Income Security Act passed in 1974. This act sets a minimum standard for most pension and health plans provided by an employer. If you are an employee within the United States, your employee disability benefits are likely regulated by ERISA. A Skilled Greeley ERISA claims lawyer from McDermott Law, LLC, can help you secure access to your important retirement and disability benefits.

What Does ERISA Cover?

Employee benefits that fall under ERISA can include:

• Health insurance
• Long-term and short-term disability plans
• Life insurance
• Coverage for accidental death
• Retirement plans
• Pensions

ERISA does not mandate employers to create benefit plans, but it does enforce guidelines when they are created. ERISA has guidelines surrounding the following topics:

• Minimum eligibility
• Disclosure
• Vesting
• Rules for funding

ERISA also protects an employee’s right to file a claim in federal court. ERISA may also assist with fees related to lawyer representation and litigation.

How an ERISA Attorney Can Help You

Compared to other areas of law, ERISA law is widely underrepresented. ERISA law is complicated and subject to many strict requirements and deadlines that are not always accessible to the average employee. Navigating the specificities of ERISA law can help ensure you are receiving the maximum benefits possible for your case.

Under ERISA, access to retirement and disability benefits for employees is protected, but it may be challenging for an employee to secure them without guidance from an experienced disability law attorney. Most employers are equipped with seasoned attorneys of their own that outmatch the knowledge of the average employee.

For benefit claims that have been denied, an ERISA lawyer can review the decision and any relevant evidence. From there, they may proceed with drafting an appeal. Filing an ERISA appeal can be confusing, and having an attorney can ensure that your appeal is as strong as possible. Some other ways an ERISA lawyer may assist you include:

• Disputing incorrectly calculated benefits
• Understanding when benefits conflict with or cause you to forfeit other rights
• Securing existing disability benefits when they are terminated wrongly
• When information regarding your benefits has been withheld
• When a divorce affects access to your disability benefits

How to Appeal a Denied ERISA Claim

ERISA protects the right of an employee to appeal a claim that has been denied by their employer’s insurance provider. However, your employer’s insurance policy may only allow you to appeal it once, and policies vary based on the type of benefits you are seeking. who can review your case and address any mistakes to avoid when appealing a denied ERISA claim. This review can maximize your chances of success before the administrative process is exhausted.

Reasons an ERISA claim might be unsuccessful can include:

• A lack of evidence that your disability warrants the requested benefits
• An employer secures medical records that conflict with the application
• An employee was unaware of additional documentation required to defend your claim

It is important that an employee seeks legal representation immediately. There are timelines that an appeal must follow. Generally, employees must be afforded at least 180 days to file an appeal against a denied disability claim or 60 days for life and health claims. Employers are required to give sufficient notice of this window of appeal to employees.

What to Do If an Appeal Is Denied Again

If an appeal is denied, an ERISA lawyer may find it worthwhile to pursue further legal action. If your appeal is denied and you have exhausted the administrative process allowed by your employer’s insurance policy, you may file a claim against the insurance company.

However, this is not always the case. An attorney may decide that your claim does not have sufficient grounds. A consultation can help you decide whether a claim is viable with the information you have.

At McDermott Law, our goal is to secure the appropriate benefits for your individual needs. Although ERISA regulations can be overwhelming to manage on your own, we can lift some of the burden and empower you to seek benefits from your employer.

FAQs:

What Are the Most Common ERISA Violations?

Common ERISA violations include:

• Wrongful denial of benefits to employees
• Failure to perform fiduciary duties required by the insurance policy
• Interference with employee rights as dictated by the insurance policy.

A violation occurs when an employer does not uphold the rules and regulations ERISA places on their particular insurance policy. Penalties for employers vary based on the particularities of each case.

What Does ERISA Not Cover?

ERISA does not cover insurance policies provided to employees by the government or religious entities. ERISA only covers private-sector employees of businesses that already have benefit plans in place. Although ERISA cannot require businesses to establish these benefits policies, it will cover all private-sector businesses that have them. Since its creation in 1974, it is arguable that ERISA guidelines provide more protection for employers than for employees.

What Are the Timeliness Requirements for ERISA?

Under ERISA, employees must file an appeal for a denied ERISA claim within 180 days of the insurance company’s decision for disability claims, however the appeal deadline can be as short as 60 days for life and health claims. Appeals must then be considered by the insurance company within 45 days, although this can be extended with written notice to the employee.

As for the initial claim in Greeley, deadlines for submitting a claim differ among insurance companies. It is important to file your claim within that period, or you risk having your claim automatically denied.

What Does ERISA Require?

ERISA has different requirements for different plans, like health plans and pension plans. Some of the standards they impose include:

• Vesting
• Funding
• Disclosure and reporting
• Nondiscrimination
• Beneficiaries
• Administrative fiduciary standards

States can impose some of these standards onto insurers, but ERISA preempts state regulation in regards to private-sector employer-sponsored benefit plans.

Contact a Knowledgeable ERISA Claims Attorney

The variable nature of ERISA claims can be daunting to the average employee, but this should not deter you from requesting important benefits from your employer. If you need assistance navigating your claim, contact a Greeley ERISA claims lawyer at McDermott Law, LLC, for a consultation. We can discuss the first steps towards securing your benefits.