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Houston ERISA Disability Appeals Lawyer

Houston ERISA Disability Appeals Lawyer

Helping Employees in Houston File an ERISA Disability Appeal against Insurance Companies in Federal Court

Being denied long-term disability benefits the first or second time around can be extremely discouraging. However, you should not lose heart, as there may be several different appeal options which are open to you. In addition, you might be able to file an ERISA lawsuit in federal court and litigate the case there, in an attempt to obtain the benefits that you need. 

Houston ERISA disability appeals lawyer J. Price McNamara of the Law Offices of J. Price McNamara could assist you with filing one or more administrative appeals in your case and could also help you litigate your case in federal court if you are not successful. Contact us online today for more information about how we could help you with your case. 

Applicability of ERISA

ERISA is an acronym for the Employment Retirement Income Security Act of 1984. If you are pursuing long-term disability benefits pursuant to an employer-sponsored plan of insurance, chances are that ERISA governs the plan. The purpose of ERISA is to prevent employers or insurance companies from unlawfully interfering with an employee’s benefits which are applicable to him or her under the plan. 

Appealing a Denial

If you are denied long-term disability benefits by your insurance company, you may get one or two bites at the appealing apple, depending upon the circumstances of your case and the language of your insurance policy. Also, if you have been denied benefits, you will receive a denial letter from your insurance company explaining why your application was denied and what you need to do to try and rectify the situation. Oftentimes, an administrative appeal involves supplying additional medical documentation to support your claim for long-term disability benefits. 

Essentially, a health care provider must determine that you suffer from a long term injury or illness – and that this long-term injury or illness either precludes you from working at your current job or from working at any job. 

Once you have exhausted all of your administrative appeal remedies, you might be able to pursue federal litigation under the ERISA statute. Federal litigation begins when the claimant files a legal complaint with the federal court. The litigation process continues with discovery and may conclude with a trial. When the federal judge handling your case reviews your medical record, he or she can only consider documentation which is already in the file. However, the judge cannot consider any new evidence or medical documentation that was not considered at the administrative appeal level. 

Speak with a Houston ERISA Disability Appeals Lawyer Today

If you have been denied long-term disability benefits in Houston, Lawyer J. Price McNamara of the Law Offices of J. Price McNamara can assist you with every aspect of filing an ERISA disability appeal. To schedule a free legal consultation and case evaluation with an experienced Houston ERISA disability appeals lawyer, contact us online for more information. 

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