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Dallas ERISA Disability Appeals Lawyer

Dallas ERISA Disability Appeals Lawyer

Helping Individuals in Dallas Appeal an ERISA Disability Denial

If you are eligible for long-term disability benefits and other benefits, including pensions, through an employer-sponsored plan, it is very likely that the Employment Retirement Income Security Act of 1984 (ERISA) covers the plan provisions. Even in cases where an employee is suffering from a long-term injury or illness, all too often, an employee is denied the long-term disability benefits he or she needs. This usually happens because the insurance company does not believe that the employee is suffering from an injury or illness that prevents him or her from working at an occupation. 

Even if your claim for benefits has been denied, you might be able to appeal that decision, or, in some cases, pursue ERISA litigation through the federal court system. Filing an administrative appeal or a federal lawsuit can be a difficult and time-consuming process. Consequently, you should have a skilled Dallas ERISA disability appeals lawyer by your side at all times. Lawyer J. Price McNamara of the Law Offices of J. Price McNamara has the skills and experience necessary to help you appeal your claim denial and pursue the long-term disability benefits that you need – and to which you are entitled. Contact us online today to discover more about how we could help with pursuing your appeal. 

Number and Types of Appeals

Depending upon your insurance company, you may be eligible to file up to two appeals upon denial of benefits. The denial letter you receive from your insurance company should include instructions on the number of appeals you are eligible to file, along with the manner of filing those appeals.

If your plan is an employer-sponsored ERISA benefits plan, as opposed to an individual plan, it will be necessary for you to first exhaust any administrative appeals (either one or two, depending upon the insurance company and the insurance policy). Once you have exhausted your administrative appeals, and if you still do not have a favorable decision, you may be able to file an ERISA lawsuit in the federal court system. By filing a federal lawsuit, you usher in the federal litigation process. 

Once you file a federal lawsuit, however, your case record is closed. This means that you will not then be able to supplement your record with additional medical records and other documentation. In federal courts, the judge will only be able to consider documentation which is present in your administrative appeal file when making a decision in your case. 

Speak with a Dallas ERISA Disability Appeals Lawyer about Your Legal Matter

ERISA disability appeals can be complicated matters – especially when it comes to pursuing litigation in the federal courtroom. Fortunately, Lawyer J. Price McNamara of the Law Offices of J. Price McNamara can help you throughout the appeals process and can assist you with obtaining your desired result. 

To schedule a free legal consultation and case evaluation with an experienced Dallas ERISA disability appeals attorney, contact us online today to discuss your legal issues and options.

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