Are you a San Mateo County, CA resident who is having trouble obtaining your full benefits under your ERISA plan? If so, you are not alone. While ERISA was designed to protect the rights of claimants, the big insurance companies still regularly deny and underpay legitimate claims. At Roberts Disability Law, P.C., our experienced Colma ERISA disability attorneys can help you hold your insurance company accountable. If your ERISA claim was wrongly rejected or underpaid, please contact our attorneys to set up a comprehensive review of your case.
Insurance Companies are Aggressive: First and foremost, all ERISA claimants should be ready to take on the insurance company. In ERISA cases, the big insurance companies are known to be extremely aggressive. Insurance company representatives are looking for any reason they can find to deny or underpay your claim. Do not give them an excuse.
You Have Limited Time to File an Appeal: If your initial ERISA application is denied, you will only have a limited amount of time to file an internal appeal with the insurance company. Specifically, you have 180 days from the date that you receive your denial letter to appeal your case. If you fail to take action in time, you may lose out on your rights.
You Must Exhaust Your Administrative Remedies: If your initial ERISA claim is denied, you are required to exhaust all of your available administrative remedies before you file a lawsuit. This means that you must file an internal appeal, in which you provide supplemental evidence and give the insurance company time to take a fresh look at your case before you can seek litigation.
ERISA Cases Have Special Rules for Evidence: One of the most important things that you need to know about ERISA claims is that ERISA lawsuits have special rules for evidence. In these cases, the court will largely be restricted to reviewing the documents and records that are contained within your claim file. In other words, the court can only look at the evidence that you already provided directly to the insurance company. This is why you need to get a qualified lawyer by your side early on in the claims process. Our Colma ERISA lawyers will make sure that your claim is prepared properly.
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