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Ft. Worth ERISA Attorney

Ft. Worth ERISA Attorney

ERISA, also known as the Employee Retirement Income Security Act of 1974, sets specific standards for employee benefits such as accidental death insurance, disability insurance, life insurance, health plans, and retirement plans. This federal law also applies to private employers and the plans they offer but does not require employers to offer ERISA benefits. Just because an employer provides benefits, does not necessarily mean that they are governed by ERISA laws.

The attorneys at the Law Offices of J. Price McNamara can determine if your employee benefits are governed by ERISA laws and help you recover any benefits or losses that you have suffered if your employer breached ERISA.

ERISA or Not?

It can be difficult to distinguish between benefits that are controlled by ERISA and those that are not, but those differences are critical in determining whether your employer has broken the law or not. Our attorneys can help you understand the differences and assist you in obtaining benefits to which you are entitled. To determine if a benefit is covered by ERISA, the following should be considered:

  • Is your employer a religious organization or public entity? If so, you are likely not covered by ERISA.
  • Does your employer pay at least a portion of the premiums for your benefits? If so, they are likely covered by ERISA. However, if you pay all the premiums, they may not be controlled by ERISA.
  • Is your contact person called a plan administrator? If so, you are benefits are likely covered by ERISA laws.
  • Is your dispute over automobile or homeowner’s insurance? If so, it is not an ERISA matter. If, however, the issue is with an employer insurance benefit such as disability or health coverage, it may be covered by ERISA.

Just like other insurance companies, an insurance plan sponsored by an employer is in the business to minimize payments and benefits and make money. This means that the plan administrator will often deny claims. That makes it important for you to have legal representation if you have been denied benefits.

Filing an ERISA Claim

The first part of filing an ERISA claim is to submit a basic claim to the plan administrator. If the claim is denied, the second phase will include filing an administrative appeal that will typically be overseen by the ERISA plan, insurer, or representative. This part of the claim is critical because all information is required to be supplied and will not be allowed to be added in subsequent litigation. If you lose the administrative appeal, you can then file a lawsuit, but it must be made in a timely manner.

Contact an Experienced ERISA Attorney Today

ERISA matters are not for the do-it-your-selfers or the inexperienced. There are too many pitfalls and mistakes that can be made that can result in a loss of benefits. This makes it essential to have an experienced ERISA attorney on your side. Your attorney will ensure that all information is submitted in a timely manner and work to eliminate any critical errors that may result in a failure to obtain benefits. Contact the Law Offices of J. Price McNamara today to schedule a consultation.

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