A huge draw to many jobs is employer-sponsored benefits, including health insurance, life insurance, disability insurance, and retirement plans. Having disability insurance can certainly give you peace of mind in case the unexpected happens, and you are diagnosed with a condition that prevents you from working. However, when it comes time to file a claim for insurance benefits, you might experience more frustration and stress than relief.
At Roberts Disability Law, P.C., we know that insurance companies providing employer-sponsored coverage can be particularly difficult, and fighting for the benefits you deserve can be a challenge. This is because these plans are governed by federal law – the Employee Retirement Income Security Act of 1974 (ERISA). This law adds another layer of procedures and hoops to jump through to get the benefits you need and deserve.
If you need to file a disability insurance claim or are battling with the insurance company, seek help from San Jose ERISA attorneys as soon as possible.
ERISA takes precedence over state law when it comes to employer-sponsored insurance plans and claims. While you might expect the law to be on your side as a claimant, in reality, ERISA tends to favor employers and their insurance providers. Insurance providers know that they have this advantage, so they will often try to deny valid claims to preserve profits.
Disability insurers can use many tactics to avoid paying out the benefits that disabled claimants deserve, including:
Sometimes, insurance companies make mistakes that simply need to be addressed. In other situations, insurers might engage in bad faith actions and refuse to pay claims they know are valid. The action you need to take in response will depend on the specifics of your situation.
If you have a disability and need to file a claim, consulting with an ERISA attorney from the start can help you obtain a successful outcome sooner, which means you start receiving financial support sooner. We can help you prepare and file your claim and handle all communications with the insurance adjuster. If you begin the process with legal representation, the insurance company will know you mean business and can take fewer actions to wrongfully avoid paying benefits.
If you already received a claim denial, know that you are not alone, as denials are very common. You should immediately contact our ERISA law firm so we can identify why your claim was denied and begin the process of appealing the decision. This might lead to ERISA litigation in federal court in some cases.
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