ERISA Appeals Attorney: Los Angeles, California
If your employer’s insurance company denied your claim for benefits, the game is by no means over. Insurance companies do have an administrative appeals process that allows for reconsideration of whether you are entitled to disability, health insurance or other benefits that were promised under an employer-provided plan.
At the Law Office of Robert F. Keehn, we have the legal knowledge and resources to help you pursue an appeal using a federal law called the Employee Retirement Income Security Act (ERISA). ERISA appeals are a key part of our practice, and we have a proven record of success in these cases. If you do not prevail on appeal, we can also make your case to a federal judge. From our office in Los Angeles, we serve clients across California.
ERISA as a Double-Edged Sword
ERISA is in a sense a double-edged sword. On one hand, it is a complicated federal law that takes precedence over state laws allowing for punishing legal action against insurance companies for bad faith denials of claims. This means ERISA generally prevents action under state law.
On the other hand, even with ERISA pre-emption of state law, that still leaves the federal side of the sword available to cut through claim denials. In other words, we can effectively use ERISA to challenge wrongful denials of benefit claims under employer-sponsored plans.
Even after an initial claim denial, there are two chances to do this. The first is through an administrative appeal within the insurance company. We have prevailed in a number of cases using this process.
Even if the administrative appeal goes against you, however, it is still possible to challenge your claim denial before a federal judge. As an experienced ERISA lawyer, Robert F. Keehn also has the strong litigation skills required to assert your rights in this way.
Getting the Facts of Your Case Out
Our firm is very familiar with the steps that need to be taken to pursue a successful appeal under ERISA. To make your claim, we will not only review what is in your file. We will make sure that any additional documentation — such as medical evidence of disability — is added to it.
This additional documentation will also be very important if we have to take your case to a federal judge. Under ERISA’s procedural rules, the judge usually makes his or her decision based only on evidence in your file at the time the appeal was denied.
Because we are experienced in these cases, we know the types of tactics to expect from insurance companies. For example, insurers tend to be hostile to claims such as depression or anxiety disorder. In those cases, we can counter with strong documentation of disability from doctors, vocational rehabilitation therapists and other professionals.
Schedule a No-Cost Consultation About Your Case
Our founding attorney, Robert F. Keehn, has more than 25 years of experience handling insurance and employment law cases. We invite you to talk with him in a free initial consultation. Call 424-777-3964 or fill out our simple intake form.