Many jobs in Columbus and around Georgia offer benefits as a way to attract job talent to their companies. This can come in the form of health insurance, life insurance, or retirement benefits. Because these programs are provided through employment, they are controlled by the federal law known as ERISA.
ERISA provides guidelines to which all insurance companies must adhere. This includes a minimum level of coverage and administrative rules. Unfortunately for policyholders, one of these rules prohibits courts from hearing coverage disputes until all internal appeals processes are exhausted.
A Columbus ERISA lawyer could help you navigate these often-complex appeals processes. Once this is done, a dedicated insurance attorney could work with you to pursue lawsuits demanding enforcement of your benefits packages.
Any employer-provided benefit plan is overseen by ERISA, a federal law that provides the minimum standards for these benefits. These packages can come in many shapes and sizes. Because many employers offer benefits as a benefit to employees in lieu of salary, they are often worth thousands of dollars.
Common examples of employee benefits include:
Whether these plans are offered to an individual employee or are offered as a group plan, the mere fact that they are offered by an employer makes them subject to ERISA. This classification is vital to employees who attempt to fight back when their claims are denied. A Columbus ERISA lawyer could help with this process.
While ERISA does offer workers some measure of protection by mandating a minimum level of benefit that plans must provide, the negative impact on the rights of insureds to demand enforcement of their policies negates these benefits. This is because ERISA requires insurers to set up an internal appeal process whereby disputes must be decided. Unfortunately, this limits a policyholder’s ability to ask a court to decide the matter.
In benefit plans not controlled by ERISA, an aggrieved policyholder can directly ask a Georgia court to rule on a breach of contract dispute. However, ERISA plans delay this option by demanding that a policyholder exhaust the insurance company’s internal processes. This can delay a case by weeks or even months, leaving the employee without the payments they need. A Columbus ERISA lawyer could help a policyholder understand whether their plans are controlled by ERISA, how this could affect a potential claim, and what the proper legal steps to demand enforcement are.
The full enforcement of a benefit plan provided by an employer can be vital to a person’s health, finances, or retirement. Whether these plans include health insurance, pensions, or a retirement portfolio, the policyholder has the right to expect that the plan will be there when called upon.
Sadly, if these plans are controlled by ERISA, as all employer-provided plans are, the process for collecting payments may be very complex. All disputes between policyholders and insurers on ERISA plans must exhaust all internal appeals processes created by insurers before a court can get involved
A Columbus ERISA lawyer could help you exhaust these appeals in a quick and effective manner. They can then work to file complaints in local courts that demand enforcement of the policy. Get started by calling today.
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