If you are experiencing a physical or mental disability that has hindered your ability to maintain your employment with a private company, you may be counting on an ERISA (Employee Retirement Income Security Act) disability plan to make up for your lost income. Unfortunately, your ERISA insurance companies may deny your disability claim and fight to keep you from getting the benefits you need.
When this happens, you may want to consider your legal options. If you live in Louisiana, filing an ERISA disability lawsuit with the help of an experienced lawyer could make all the difference.
There are many different rules, guidelines, and stipulations governing how ERISA insurance coverage is handled. In fact, as allowed by 29 U.S. Code §1202a, there have been many changes to ERISA laws since their inception in 1974.
One such change is that ERISA applicants seeking to file suit against their disability insurance carrier must file a minimum of one appeal. In some cases, a second appeal may be necessary before seeking a legal remedy to a denial. An ERISA attorney could help ensure that all the relevant requirements are fulfilled leading up to the filing of a lawsuit.
Just like many other types of lawsuits, ERISA applicants only have a certain amount of time in which they may sue their ERISA carrier after a denial. If a denied applicant misses the filing deadline for a lawsuit, the court could dismiss the case simply based on the fact that the Statute of Limitations has expired.
Furthermore, determining what this deadline is can be difficult. The Statute of Limitations for an ERISA-related lawsuit is determined by individual policies, not—as is the case for many other types of lawsuits—by state law. In general, this period expires three years and 270 days after the day the filing party first became disabled. However, if their benefits were paid at one time and then withdrawn, the proverbial clock usually begins ticking from the date that the disability payments were last paid.
As opposed to other personal injury cases, ERISA lawsuits are filed in federal court instead of local or state courts. After the filing party’s lawyer files an official Complaint with the District Court, the insurance company has 20 days to file an answer, which is their defense for not owing disability payments to the plaintiff.
A qualified legal team could explain the ins and outs of the entire process and answer any questions that plaintiffs have. It should be noted, however, that potential plaintiffs may not have the right to a trial, and that no new evidence can be submitted in a filing that was not already in that plaintiff’s file when their claim was denied by the insurance carrier.
If you live in or around Louisiana, filing an ERISA disability lawsuit may be much easier when you hire an experienced attorney to help. Our experienced lawyers know the types of issues you may face when going up against an ERISA carrier in court and could help you build strategies to refute them.
On top of that, they could explain the process to you and make sure that your case meets all the deadlines and standards required. Letting our team handle your ERISA case could allow you to focus on your recovery and healing and take away stress, so call us today to find out how we could help.
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