ERISA Insurance Claims
Most of the life, health and disability policies issued through employers in the United States are governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 USC § 1001 et seq. ERISA is a federal statute enacted to protect employee benefits by imposing minimum standards on employers/ERISA administrators. However, because ERISA involves a very complex area of law, employers/administrators often take advantage of the language in order to improperly deny claims. If your claim is denied, you can appeal the decision and sue for policy benefits, attorneys’ fees and interest due on the unpaid benefits. See 29 USC §§ 1021–1031, 1101–1114, 1132–1133.
ERISA Insurance Claims Appeals
If your ERISA claim was denied, you should consider appealing the decision immediately. ERISA involves mandatory administrative appeals and strict deadlines so it is imperative that you know your rights and hire an attorney early in the process, after your claim has been denied and before your appeal is administered. Attorneys who do not specialize in ERISA cases are likely to be unfamiliar with these procedures and deadlines. If you do not follow the proper appeal procedures, you could lose your right to sue your employer and/or the insurance company that administers the claim. Furthermore, an ERISA appeal is your last chance to submit supporting documentation and create a strong case for litigation. Attorneys experienced in handling ERISA can help prepare your appeal and ensure all relevant medical and vocational information is provided to the insurance company.
ERISA Insurance Claims Litigation Recovery and Damages
If your appeal is denied, you can bring a legal action to recover your benefits and enforce your rights under ERISA. 29 USC § 1132(a)(1)(B). ERISA claims are the most frequently litigated cases in Federal Court, a court in which most lawyers are unfamiliar and uncomfortable. Indeed, litigating an ERISA case can be a complicated and lengthy process. However, experienced ERISA attorneys can evaluate your claim, help guide you through the process and persuade your insurance company to reinstate your benefits or provide a fair settlement.
ERISA Insurance Claims Denial Experience
McKennon Law Group specializes in litigating and resolving disability insurance, life insurance, annuity and health insurance disputes involving ERISA. We have significant experience litigating these types of disputes as we have been litigating ERISA disputes since 1986. Because of our aggressive advocacy and our regional and national reputation as a leading insurance litigation and ERISA firm, we are able to achieve maximum settlements and judgments/verdicts at trial.
Our attorneys are nationally recognized experts in disability insurance, life insurance, annuity and health insurance disputes involving ERISA. Our attorneys have chaired numerous local and national conferences and written numerous articles dealing with disability insurance, life insurance, annuity and health insurance disputes involving ERISA. Our attorneys are top rated by all major peer review rating agencies and we have been honored to receive numerous prestigious awards and recognitions. No attorneys in California or anywhere in the United States are better suited to litigate your bad faith or ERISA insurance claims. In fact, the attorneys of the McKennon Law Group previously represented the insurance companies that denied such claims, and thus have the broadest possible experience in litigating these types of insurance disputes. We can and will aggressively litigate your case to achieve maximum success. We have significant trial experience and we are not afraid to go to trial against the big insurance companies.
Contact us to schedule a free initial consultation regarding your insurance claim or litigation matter.
For more information, please see our ERISA FAQs.