If you are having issues receiving benefits from an employer-based or private benefits plan, you need a Montgomery ERISA lawyer who can advocate on your behalf. At the Law Offices of J. Price McNamara, our attorneys have significant experience working with insurance companies and employers on a wide range of different ERISA-related claims.
What Is ERISA?
The Employee Retirement Income Security Act, commonly referred to as ERISA, is a federal law enacted by Congress in 1974 to protect the benefits that workers receive from employers.
ERISA regulates the following types of employer-based benefit plans:
- Pension plans
- Health insurance (including flexible spending accounts)
- Life insurance
- Accidental death & dismemberment plans
- Long-term disability insurance
- Vacation benefits
- Childcare benefits
These types of benefits plans, when provided by your employer, are regulated under ERISA. Even if you employer doesn’t offer your benefits plan, and therefore not under ERISA, it must still meet the requirements set forth in local and state laws. A Montgomery ERISA lawyer can assess your benefits plan and help you understand the regulations that govern your plan.
Disability insurance benefits, whether short-term or long-term, are often covered by ERISA. Your plan administrator — usually your employer, insurance company, or another third party — must supply you with the details of your plan. These details include the following:
- Eligibility requirements to receive benefits
- Amount of disability benefits available
- Processes and procedures associated with filing a claim
- Filing requirements and deadlines
- Instructions on how to file an appeal
You can learn more about these details by reading both your Summary Plan Description and Plan Document. A Montgomery ERISA lawyer can review these documents as well as guide you through the process of submitting a claim or an appeal.
If a family member has passed away, and you want to obtain the life insurance benefits provided by his or her employer, a Montgomery ERISA lawyer can assist you. Since insurance companies frequently deny life insurance claims, it is essential to have the guidance of a skilled attorney.
Insurance companies deny life insurance claims for the following common reasons:
- Disputes concerning beneficiary eligibility
- Failure to disclose or misrepresentation of pertinent information
- Disagreement over whether the plan covers the cause of death
If you need help submitting a claim for life insurance on behalf of a recently deceased family member, contact our Montgomery ERISA lawyer.
Accidental death and dismemberment (AD&D) insurance offers coverage when you or a loved one has been in an accident that results in severe injury or death. To receive AD&D benefits, your injuries must have been caused in an accident. If your injuries are not from an accident, the insurance company will likely reject your claim.
Since it can be difficult to establish that an accident was the cause of the death or injury, it is vital to hire a Montgomery ERISA lawyer who understands the kind of evidence you will need to support your claim.
Insurance Claims Process
The insurance claims process is highly complex and involves multiple different steps. Typically, a person will initiate the insurance claims process by demanding payment of benefits under an insurance policy. After submitting this request, the insurance company will generally request supplemental information, such as documents from your medical provider.
If the insurance company denies your claim, you have the right to appeal. However, you must file your appeal and any accompanying documents within a specific time frame. A Montgomery ERISA lawyer can help you gather any supplemental information you may want to provide. He can also help make sure that the insurance company receives it in a timely manner.
If your appeal is denied, you may want to file a lawsuit against the insurance company in either state or federal court. Since filing a lawsuit is a complex task that comes with an array of different procedural requirements, it is thus crucial that an attorney represents you. Our Montgomery ERISA lawyer has handled many lawsuits. We are also well prepared to guide you through the process of litigating your claims.
If you have evidence that your claim was improperly denied or not fairly reviewed, you may be able to allege that the insurance company was acting in bad faith. When a court makes a finding of bad faith, it can award you with additional damages. These are meant to compensate you and punish the insurance company.
Unfortunately, it is tough to prove that the insurance company acted in bad faith. We have considerable experience with bath faith claims and can help collect the evidence you will need to prevail.
A Montgomery ERISA Lawyer Can Help You
Contact the Law Offices of J. Price McNamara today at (504) 458-8455 to speak with a Montgomery ERISA lawyer who can help you obtain the benefits that you deserve.