The Employee Retirement Income Security Act (ERISA) protects the rights of employees. It primarily covers pension plans and other employee benefits, like long-term disability and life insurance.
If you work for a company in the private sector, ERISA likely covers your retirement plan benefits. However, if you believe the company has withheld benefits you are entitled to receive or your payout is short, you could file an ERISA claim. A Plano ERISA lawyer from Underwood Law Office who knows the specifics of the law and how to fight for your benefits can help you submit a claim.
Common Types of ERISA Claims
Are you attempting to claim a benefit protected by the Employee Retirement Income Security Act? If so, you’ll need to file an ERISA claim. Some actions that could fall under this umbrella include:
- Filing for disability after a workplace injury
- Trying to determine whether a severance package interferes with other benefits
- Inquiring about a benefit that you suddenly cannot access
- Seeking information about your benefits or rights and not receiving communication from plan administrators
- A claim that funds were misappropriated or another abuse occurred
Once you file a claim, an investigation occurs.
For a free legal consultation with a erisa lawyer serving Plano, call (972) 535-6377
The ERISA Claim Investigation Process
You must submit a claim if you decide to pursue benefits under an ERISA plan. Then, the insurance company will review any evidence provided and consider whether you should receive the benefits.
Once the insurance company completes its investigation, it will decide whether to grant you the benefits that you applied to receive.
What You Should do If the Insurer Denies Your Claim
If the insurance company denies your claim, you will receive a letter outlining the reasons for the denial, including specific details. This letter will also tell you about your options for an appeal.
The appeals process can have different deadlines. However, in most situations, you only have a little time to file your appeal and fight for your benefits. At this point, consider hiring an attorney. An ERISA lawyer can help you file the most effective appeal.
Plano ERISA Lawyer Near Me (972) 535-6377
How an ERISA Lawyer Can Help
While you are not required to hire a lawyer, consider that this is likely your last chance to push for those ERISA benefits you believe you are entitled to receive. Thus, it would be best if you put up a good fight.
A Plano ERISA attorney can help you with that by handling these steps.
Gathering Evidence
When you file an appeal after the denial of an ERISA claim, it is wise to have as much evidence as possible to demonstrate why you deserve your benefits. An ERISA attorney can help Plano residents gather the necessary proof to show why the rejection of a claim was in error and claim their benefits.
In addition, you often won’t have a chance to introduce more evidence after you have submitted your appeal. So, ensuring that you have all the evidence you need when filing is in your best interest. Again, your attorney can assist you with this crucial step.
Standing Up to Insurance Companies
An insurance company has plenty of resources and a team of lawyers on its side. However, you can even the odds by hiring an attorney—one who will stand up to the insurance companies and show why you deserve the benefits you requested.
Answering Your Questions
The ERISA appeals process can appear complicated. So, if you need clarification on the process or have questions about your appeal’s status, our team will happily answer them.
Communicating With All Involved Parties
Your Plano ERISA lawyer can speak on your behalf and talk to other involved parties for you. So, if you are worried that you will have to talk to other lawyers, insurance adjustors, or other parties after you make your claim, this assistance should ease your mind.
Filing a Lawsuit if Necessary
Sometimes, filing an appeal with the required evidence can resolve the issue in your favor. An applicant denied their benefits gets them, which is the end of the story. However, sometimes an appeal fails, and a lawsuit is necessary. A lawyer can help with that.
Fighting for the Fair Settlement You Deserve
Your attorney will look at your ERISA-covered plan and do everything possible to ensure you receive a fair settlement and the benefits you deserve.
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What ERISA does Not Cover
We should also note that an ERISA claim does not cover specific plans and benefits, including the following:
- Government-sponsored plans
- Plans maintained outside the United States
- Church plans unless they meet the requirements outlined in specific statutes
- Unemployment benefits
- Workers’ compensation benefits
- Adoption assistance plans
- Tuition reimbursement plans
If you are still determining whether an ERISA plan covers the benefits you seek, you could consult an attorney and learn more about your options.
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ERISA Case Testimonials
We strive to stand by our clients and fight for the best possible outcome in every appeal. That is why we have earned countless positive reviews from our clients. For example, here is one from a recent ERISA client:
“I highly recommend the Underwood Law Office… The firm was fast, friendly, and very efficient in helping me through the claim process. My friend referred me to Underwood, and I referred another friend as well. We were all successful in receiving our disability benefits. Trust me and go with Underwood. Thank you so much for all you did for me.” — Bruce H.
Get Your Free Case Consultation
If you believe the insurer wrongly denied your claim for ERISA benefits, contact Underwood Law Office. Our law firm can give you a free consultation and let you know more about your legal options and how an ERISA lawyer serving Plano could assist with your appeal.
These are your benefits. We are ready to help you fight for them.
Call or text (972) 535-6377 or complete a Free Case Evaluation form
