ERISA Attorney Near Me

ERISA is a federal law that sets minimum standards for the benefits packages many employers use to obtain the top employees they need to continue growing their companies. Because there is little oversight regarding these benefits, ERISA sets strict guidelines that help protect the rights of employees whose benefit claims are denied. If you find yourself in this difficult situation, don’t wait to consult with an experienced ERISA attorney near you.

Understanding ERISA

ERISA stands for the Employee Retirement Income Security Act, and it guides employee claims for private benefits offered by their employers. The benefits addressed by ERISA are those that are not required by law. For example, providing disability coverage is not a legal requirement, but workers’ compensation coverage is. 

While employers are not obligated to offer benefits packages, it’s considered the best way to attract talented employees, and employers are responsible for living up to the promises they make in relation to employee benefits. ERISA is the government’s tool for helping to ensure they do. 

Common Claims Covered by ERISA

The kind of claims that are commonly addressed by ERISA – in addition to disability coverage – include:

• Retirement plans
• Medical coverage that is specialized, such as for surgical and mental health care
• Legal counsel
• Severance packages
• Assistance with childcare

When employees count on these benefits as part of their pay package, having their claims denied can prove exceptionally detrimental.

The Administration of Benefits

Employer’s benefits packages must be administered by trustees, and their efforts are governed by ERISA’s careful regulations, including those related to the following:

• The vesting of employees
• The disclosure of information
• Minimum eligibility for employees
• Benefits funding

Employers who fail to stay on the right side of the law in relation to ERISA can face costly ERISA claims. 

If Your Claim Is Denied

If your benefits claim is denied, you have the right under ERISA to appeal, which begins with an appeal letter. The appeals process is strict, and any errors on your part can harm your efforts. 

Working closely with a seasoned ERISA attorney from the outset is always to your advantage. Your appeal letter will need to incorporate compelling evidence in your request that the insurance company overturns your benefits denial and grants you the benefits you deserve. If your appeal is unsuccessful, you can move forward with a federal lawsuit. 

An Experienced ERISA Attorney near You Can Help

The benefits your employer offers are an important part of your pay that you count on, and if your benefits claim has been denied, the consequences can be grim. The practiced ERISA attorneys at Roberts Disability Law, P.C., in San Francisco, understand your dilemma and have the experience to skillfully pursue an appeal, as well as the drive to take the matter to court if doing so becomes necessary. 

Your case is important to you and your family, so please don’t hesitate to reach out and contact us for more information about what we can do to help you today.