At the Law Offices of J. Price McNamara, we can help address any concerns you may have about employer-provided benefits. These benefits include retirement, disability, and life insurance. If you cannot access your employer-provided benefits, you may need to file an ERISA-related claim. An experienced Birmingham ERISA lawyer can guide you through this process and help you obtain the benefits that you deserve. Call today at (504) 458-8455 to discuss your employer-provided benefits.
What Is ERISA?
The Employee Retirement Income Security Act (“ERISA”) is a federal law that establishes a set of rules which govern retirement, health, and other benefit plans. It is important to remember that ERISA only addresses benefit plans provided by an employer. While private benefit plans are not subject to ERISA, such plans must nevertheless comply with state and local standards. A Birmingham ERISA lawyer can help assess your plan and explain your rights under that plan.
If your employer provides you with a long term disability insurance plan, it must comply with the rules and regulations outlined in ERISA. For example, ERISA requires that your plan administrator, which is often your employer, an insurance company, or a third party, give you written information on the following topics:
- Qualifications for plan benefits
- Procedures and processes for submitting a claim
- Disability benefits offered under the plan
- Important filing deadlines
- Appealing a claim
This information is typically found in the Summary Plan Description (SPD) and Plan Document. These are critical documents that you should receive when you enroll in a benefits plan. Our Birmingham ERISA lawyer has significant experience handling disability insurance claims. We are available to help you with any questions or concerns that you may have.
If a family member dies, and they had a life an insurance plan through their job, a Birmingham ERISA Lawyer can assist you in filing a claim. Even if you cannot locate your family member’s plan, we can help gather all of the relevant information and submit the proper documents to the insurance company.
Unfortunately, insurance companies frequently deny claims for life insurance. The following is a list of the most common reasons for why insurance companies reject these claims:
- Dispute among beneficiaries
- Failure to disclose information
- Inability to fulfill eligibility requirements
If the insurance company denies your claim, we can help you appeal the decision and ensure that you can access your benefits.
A person will have a claim for accidental death and dismemberment insurance (AD&D) when they have been in an accident that results in serious injuries or death. In most cases, you will not be able to claim benefits associated with AD&D insurance if the injury stems from an illness or another injury not caused by an accident. The insurance company may deny your claim or request that you submit additional information. A Birmingham ERISA lawyer can help guide you through the appeals process and provide the insurance company with supplemental information that is germane to your claim.
Insurance Appeals Process
If the insurance company rejects your claim, you will have an opportunity to submit an appeal. However, you must present your appeal before the filing deadline. We have a thorough understanding of the appeals process and can help make sure that your appeal is timely.
If the insurance company denies your appeal, you may be able to file a lawsuit demanding that it provide you with the relevant benefits. A lawsuit has complex rules and procedures. A Birmingham ERISA lawyer can guide you through this process and aggressively represent your interests in court.
When an insurance company unreasonably or fraudulently denies your claim, you may be able to hold them responsible for acting in bad faith. If you can establish that the insurance company rejected your claims in bad faith and that you suffered losses as a result, a court may provide you with additional compensation. Additionally, a court may award you with punitive damages. This would penalize the insurance company and deter them from engaging in this type of conduct.
Since claims for bad faith can be extremely complicated and are often vehemently opposed by insurance companies, it is vital that you have a Birmingham ERISA lawyer to defend your interests.
Contact a Birmingham ERISA Lawyer Today
Contact the Law Offices of J. Price McNamara today at (504) 458-8455 to speak with a seasoned Birmingham ERISA lawyer about your employer-provided benefits plan.