At Roberts Disability Law, P.C. our goal is to assist clients in collecting the benefits they deserve from their employer-provided coverage when they are disabled or seeking other insurance coverage. These benefits are essential for our clients to provide for their and their families’ basic needs. We also understand the complex rules and regulations associated with ERISA and the processes through which you can pursue the benefits you are entitled to.
By staying up-to-date and on the cutting edge of ERISA law and regulations, we provide our clients throughout the Oakland area with the top-notch representation they need to make it through the challenging process of seeking ERISA benefits. An ERISA lawyer from Roberts Disability Law, P.C. can help you seek benefits or appeal a claim denial, so please reach out to discuss your situation today.
The Employee Retirement Income Security Act of 1974 is commonly referred to as ERISA. The purpose of this law is to cover claims linked to employer-provided benefits such as pension, severance, as well as health and welfare benefits like short and long-term disability or accidental death and dismemberment policies.
While some larger employers self-fund their benefit plans, generally, the plan benefits are paid through insurance policy funds. ERISA is applicable to benefit plans established by private sector employers and is generally not applicable to plans offered by a government entity or religious organization.
When your claim for benefits is under ERISA, all other state and local laws are preempted. This means that the only rights and remedies you are entitled to receive are what ERISA or your policy spells out. The rights and remedies under ERISA can be limited, highlighting the importance of working with an experienced attorney who knows how to exercise these limited rights in your favor.
If your initial claim is denied, you cannot file a lawsuit until you have exhausted the administrative appeals process, and only when a “final denial” has been received by the insurance carrier can you bring a lawsuit. This can drag on for many months or more and lead to significant financial stress in the meantime.
At Roberts Disability Law, our clients’ interests always come first. We begin the process by learning the details of your case, then by assembling the best possible strategy to successfully file a claim or overturn your denial, and as necessary, lay the groundwork for a successful lawsuit that fully recovers the benefits that you are entitled to.
ERISA benefits claims should be easy, but they rarely are. Instead, insurance companies make it as difficult as possible for you to receive the benefits you should under your policy. For help preparing and filing a benefits application with supporting documentation or assistance with an appeal or lawsuit, schedule a consultation with Roberts Disability Law, P.C. today. We fight for the disability benefits and other insurance coverage you deserve.
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