Legal Guidance For All Your ERISA Concerns: Los Angeles-Based Attorney
You work hard for your employee benefits. If you become ill or get hurt badly enough to become disabled, you need to be able to count on your disability insurance coverage. The same is true of health insurance coverage. And, regardless of whether you get hurt or become sick, you know you’ll need your pension plan when you retire.
But what do you do if your claim for long-term disability or medical benefits is denied by a penny-pinching employer or your employer’s insurance company?
When this happens, you need skilled legal representation to protect your rights and get results under a complicated but important federal law called the Employee Retirement Income Security Act (ERISA).
Throughout California, you can find the help you need by contacting the Law Office of Robert F. Keehn. As a Los Angeles ERISA attorney with more than 30 years of experience, Robert Keehn has the knowledge and skills to effectively protect your ERISA benefit rights.
What Is ERISA, And How Can It Impact You?
ERISA is a federal law that governs almost all private employer-provided benefit and pension plans. It is important to understand that ERISA takes precedence over state laws that regulate insurance plans.
The good news, however, is that ERISA establishes basic standards that most employers and their insurers must meet when they offer employee benefit plans, including those featuring life, disability and/or health insurance.
Because ERISA is such a complex law, it is important to work with an experienced ERISA attorney when asserting your ERISA rights. Robert has the knowledge and resources to guide you through the process and make the strongest case possible for the benefits to which you are entitled from your employer.
An ERISA Lawyer Helping You Take Effective Action
Don’t be discouraged by the initial denial of your benefits claim by your employer or your employer’s insurer. By taking action under ERISA to challenge the denial, it is possible to turn that initial loss into a victory.
However, to do this, you must take the right steps. If an insurance company has denied your claim for benefits under a disability or health insurance policy, then it is crucial to pursue an appeal using ERISA. This is especially important because the U.S. Supreme Court has held that ERISA preempts most state laws regarding employee benefit-related lawsuits against insurance companies.
Filing an effective appeal does not merely mean submitting a piece of paper, however. It involves obtaining your file from the insurance company for a detailed analysis. You must also make sure that you have noted detailed objections to the company’s actions and decision-making process. Adding evidence, such as medical records, to the file will help provide a complete picture of your disability as well. These steps can increase your chances of prevailing on appeal and strengthen your case if you need to file a lawsuit in federal court after losing on appeal.
The lawyer at the Law Office of Robert F. Keehn can help you obtain your file, get your appeal filed, help you obtain updated medical records and other evidence needed for your appeal, and take other necessary actions for asserting your employee benefits claim against your employer’s insurance company.
This means that you won’t have to fend for yourself after suffering the double setback of a serious injury or illness followed by a benefits claim denial.
Robert understands the ERISA process from beginning to end. Therefore, he is ready to help you regardless of what stage your claim is in.
ERISA FAQs
Below, you’ll find answers to questions you may have about ERISA and your rights under the law.
Which employers does ERISA apply to?
ERISA applies to private-sector employers who offer employee benefits plans, regardless of the size of the companies.
How do I know if ERISA applies to my employee benefits?
ERISA does not apply to government or church plans. It also doesn’t apply to any plan created solely to ensure compliance with unemployment, workers’ compensation or disability laws. A knowledgeable attorney like Robert can help you determine if ERISA applies to your benefits.
If my claim is denied, does it mean my claim is illegitimate?
No, it doesn’t. Many valid claims are initially rejected due to missing information, inadequate medical documentation or administrative errors. You have the right to appeal the decision, and many denied claims are approved after an appeal.
What options are available to an employee when their ERISA claim has been denied?
If your ERISA claim is denied, you have the right to appeal the decision. Start by requesting a review of the denial within the time frame specified by your plan. You may need to provide additional documentation or clarification. If the appeal is denied, then you may have the option to file a lawsuit in federal court.
What steps can I take to help ensure that my claim is approved?
To increase the likelihood of your claim being approved, make sure to:
- Complete all required forms thoroughly.
- Provide detailed medical documentation.
- Follow your doctor’s treatment plan.
- Keep comprehensive records of your medical visits and treatments.
Finally, you should submit your claim and any required documentation within the specified deadlines.
How can an attorney help with an ERISA appeal?
An attorney can assist by reviewing your denial letter, gathering necessary medical evidence and preparing a strong appeal. They can also represent you in communications with the insurance company and, if necessary, in court. Legal assistance can significantly improve your chances of a successful appeal.
What are my options if the appeal isn’t successful?
After an unsuccessful appeal, you may have the option to file a lawsuit in federal court. This process can be complex and requires a thorough understanding of ERISA law and procedures, which is why the attorney you hire is an important decision to make.
Speak To A Dedicated ERISA Attorney For Free
Based in Culver City, the Law Office of Robert F. Keehn provides representation to clients in Los Angeles and throughout California. To schedule a free and confidential consultation with an experienced ERISA lawyer, call 424-777-3964. You can also reach out online.