The majority of private health insurance and pension plans fall under the umbrella of the Employee Retirement Income Security Act – a federal statute which is also known as ERISA. The purpose of this law, which was passed by Congress in 1974, is to protect individuals who are participants in these plans.
Under this federal law, individuals who participate in these plans are entitled to receive benefits under certain circumstances. In some instances, however, plan administrators and employers try and deny individuals the benefits to which they are legally entitled under their private insurance and pension plans. They might do this for a number of reasons, including financial reasons and for the sake of reputation. When that happens, it might be necessary for you to consult with an experienced Austin ERISA insurance claims attorney.
Lawyer J. Price McNamara of the Law Offices of J. Price McNamara can meet with you to review your plan and set up a course of action for moving forward with your case. Please contact us online today to discuss all of your legal options and to learn how we could assist you with filing a legal claim.
In some instances, plan administrators and employers take illegal measures to try and prevent their plan members from being able to access the plan benefits to which they are legally entitled. An employer might even try and retaliate when an employee tries to obtain these benefits, such as by unlawfully firing the employee.
When an employee decides to file a claim for retaliation, he or she only needs to demonstrate that the plan administrator or the employer made intentional efforts in an attempt to keep the employee from lawfully accessing or receiving benefits under a plan. In order to make a successful claim for insurance retaliation, the employer does not even have to be successful in its attempt to retaliate.
In order to try and prevent employees from accessing their plan benefits, plan administrators and employers may engage in one or more of the following illegal activities:
In cases where an employer or plan administrator undertakes any of these activities in order to keep you from accessing your plan benefits, you should contact an experienced Austin ERISA insurance claims attorney today.
If you believe that you are being denied access to your benefits, Lawyer J. Price McNamara of the Law Offices of J. Price McNamara could assist you with filing a retaliation claim pursuant to federal ERISA law. To schedule a free legal consultation and case evaluation with an experienced Austin ERISA insurance claims lawyer, contact us online today for more information about how we could assist you with your legal matter.
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