San Diego ERISA Appeal Attorney

Home » San Diego Insurance Lawyer » San Diego ERISA Appeal Attorney

If your insurance was provided by your employer, your policy may be governed by a federal law known as ERISA, in most cases even if you paid the premiums yourself.  If your ERISA claim for benefits is denied, there are several steps you must take before you can collect your benefits.  In most cases, you must first appeal the insurance company/ERISA administrator’s denial.  Although you can appeal without the help of an attorney, by doing so you may inadvertently handicap your chances of being awarded benefits.

The appeals process requires wading through densely worded insurance policies, and navigating the lengthy administrative process governed by federal ERISA regulations.  During the appeal, your insurance company will not tell you that, if your claim is denied and you need to sue to get your benefits, you will be limited to the documents in the insurance company’s file.  Therefore, if you fail to provide the insurance company with an important document, the denial of your claim could be upheld based on insufficient evidence.  Under ERISA law, you may not be able to make up for the missing documents in the Administrative Record during litigation.

An experienced ERISA attorney can help guarantee that the insurance company’s administrative files contain the documents and information you need to support your appeal and, if necessary, your lawsuit.  An attorney can also identify errors with the insurance company’s review and dispute those mistakes in litigation.  Insurance companies processing large volumes of claims keep a close eye on their litigation costs and your chances of recovery increase with the help of an ERISA attorney.  In fact, when confronted with strong arguments by experienced ERISA attorneys, the insurance company will often reverse its earlier decision and approve the claim.

If your ERISA claim was improperly denied, or you disagree with the final decision made by your insurance company, please call (949) 387-9595 for a free consultation.  During the evaluation, our attorneys will consider your claim application and help you through the appeals process.

Call or email us to schedule a free consultation.