What is an ERISA Claim?
An ERISA Claim, or the Employee Retirement Income Security Act, works to protect the interests of employees who are enrolled in a variety of benefit plans while employed. These plans have promised benefits associated with them, so this claim allows employees to be able to collect these benefits that were promised to them by their employers. When an employee files an ERISA Claim, it can be for a multitude of reasons, one of which is due to disability.
Although employers say they will fulfill their promise to their employees by supplying them with the benefits they deserve at the point of their retirement, insurance companies will try to deny employees these benefits, which can not only be unfair, but frustrating. When you experience a rightful ERISA Claim be denied that was filed due to disability, it’s worth looking into a disability insurance lawyer who is ready to fight for your best interests.
How to File for an ERISA Claim
When filing for an ERISA Claim, especially for disability, here are the steps you will follow:
Know the policy: Knowing the policy for the claim you want to file through your work or insurance helps make the filing process easier. If you do not know this policy, you can contact your insurance or the human resources department at your work to have this policy sent to you. If you already know the policy, then you can skip this step.
File your claim based on its type: There are many different types of claims that can be filed. These categories can require different kinds of review, so make sure your claim is filed under the right category to be processed and reviewed correctly.
Your insurance lets you know of their decision: Your insurance will review your claim and decide if they will accept or deny it. For disability claims, it should take 45 days for a decision to be made. If they accept your claim, you can expect the benefits that you were promised to come through. If your claim is denied, then you will not receive the benefits you were promised. If your claim is denied, you can appeal the decision.
The appeal process: When a claim is denied, it is possible to ask for an appeal and have the claim reviewed again. If your insurance denies your claim a second time, you can repeal it a third time through the U.S. Department of Labor for review.
Not all ERISA Claims will be the same, but most of them will follow this pattern. Knowing the process, what your rights are, and how the appeal process works will all help this process go smoother, so be sure to research and talk to the appropriate channels before filing your claim.
Disability Insurance Lawyer for You
When your insurance company denies your rightful disability claim, you can be left in a state of limbo, unsure of what to do or where to turn. At Edelstein Martin & Nelson, we are prepared to look over your claim and help you fight your insurance company to get the benefits you deserve. Filing a claim for disability shouldn’t be stressful, so when your insurance company tries to deny a rightful claim, we are by your side to help you. Call us today at (800) – 300 – 0909 to discuss your case with one of our lawyers.
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