ERISA Attorney San Jose

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You work hard for your job benefits, which often include short-term disability, long-term disability, accidental death and dismemberment (AD&D), or life insurance coverage. These benefits can provide essential financial support if the unexpected happens and you cannot work due to a disability, or you pass away. 

Unfortunately, many insurance companies try to avoid paying benefits when they should under these policies. If this happens, you need an ERISA attorney in San Jose to fight for your rights. Roberts Disability Law, P.C. is here to protect you and your family. 

How ERISA Can Affect Your Rights

ERISA (Employee Retirement Income Security Act) is a national law that administers most private employer benefit plans. Remember that ERISA takes precedence over any California laws regulating employer-sponsored insurance plans. 

ERISA has uniform standards that most companies and insurers must obey when they provide job benefit plans, including life, health, and disability insurance. If you have been denied when you had a valid claim, ERISA sets out specific appeal requirements. You need to work with a San Jose ERISA attorney to get the benefits you are entitled to. 

What Should You Do If You Are Denied Rightful Benefits?

When you are denied an ERISA claim, the insurer must send you a document telling you why it was denied. It also must state the part of the insurance policy that their decision was based on and other information that is needed for the denial to be reviewed. 

The insurance company will establish a deadline for you to appeal the denied ERISA claim. You must meet the deadline to be able to appeal, which means you should never wait to contact an attorney for assistance. You should hire an ERISA attorney to review your denial letter and handle the matter as soon as possible. 

There Is Hope After An ERISA Denial

Do not be discouraged if you are denied health or disability benefits by your company or their insurer. There is the opportunity to appeal the adverse decision. However, filing an ERISA appeal is not simply a case of submitting a piece of paper.

With the help of an attorney, you can take action by challenging the denial in line with ERISA requirements. These include:

  • You must first file an administrative appeal with the insurance company that denied your claim. Your attorney can provide additional evidence for the insurer to review and, hopefully, overturn the denial. 
  • If the insurance company upholds the denial, you can take legal action, but only in federal district court. This is because ERISA is a federal law. You need a lawyer with experience bringing ERISA appeals in federal court. 
  • The court can only review the claim file you had with the insurance company. This means you must present all evidence you want to be considered during the initial administrative appeal. 

Contact Our San Jose ERISA Attorneys Today

If you have been unfairly denied a disability, AD&D, or life insurance claim, we understand what you are going through. Talk to Roberts Disability Law, P.C., today for assistance.

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