The Employee Retirement Income Security Act (ERISA) is a federal program that regulates and sets guidelines for employer-sponsored benefit plans, such as short and long term disability, pension plans, health plans, welfare plans, life insurance, and more. Filing an ERISA claim is complicated, and the system is actually designed to work against employees. As such, it is vital that you work with an attorney when you file an ERISA claim, or when your ERISA claim has been denied. The ERISA Lawyers for Plant Scherer of J. Price McNamara Law Firm handles all types of ERISA claims, denials, and bad faith insurance claims. We assist employees of Plant Scherer in receiving the benefits that they have worked for over the years, and which they are simply requesting at this time. It would be nice if insurance companies saw such claims as simple, and paid out promptly and without argument. However, this is generally not the case.
Your insurance company exists to make money, pure and simple. Like any business model for companies across all sectors, the primary goal of an insurance carrier is to maximize profits for shareholders. As such, insurance adjusters deny ERISA claims on a daily basis to avoid costly benefit packages. These denials are made easier by the ERISA claims process, which has been rigged by large employers and insurance companies to work for them instead of for employees.
According to the Department of Labor, insurance companies have to provide claimants with a written notice of why their claim was denied. In addition, there must be a “full and fair process for review of the claims denial.” Rules created fairly recently also protect the claimant from conflict of interest, increase transparency of why the decision was made, and give the employee an opportunity to respond with the reasoning behind the denial. To successfully counter the initial decision, you need an attorney.
You have a limited time to file an appeal once your claim has been denied. This time limit is generally 180 days, according to the Department of Labor. The sooner you start working with an attorney, the more time you will have to file an appeal. A common reason why ERISA claims are denied is that there is insufficient medical evidence, which takes time to gather. To get started today, contact the Law Offices of J. Price McNamara to speak with an ERISA Lawyer for Plant Scherer employees.
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