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Tonopah ERISA Lawyer

Tonopah ERISA Lawyer

Every year, thousands of people end up disabled for the long-term due to an illness, injury, or other medical condition. Still, not everyone realizes that their employer may have a long term disability plan, where the purpose of the plan is to support them if they become disabled and that a federal law known as the Employee Retirement Income Security Act (ERISA) exists to protect those rights.

If your employer has a plan governed by ERISA, you should receive information on how the plan works and what your benefits are. Typically, this insurance covers a percentage of your salary while you are unable to work. Still, claims are frequently denied for reasons such as the disability not being covered by the policy. In this case, working with an experienced Arizona ERISA attorney is essential because you have a specific right to appeal.

At the Law Offices of J. Price McNamara, we are experienced long term disability insurance ERISA attorneys who have represented a number of claimants throughout Arizona against their insurance company. We have handled thousands of claims, from involvement in the administrative process to filing ERISA lawsuits in federal court, managing claims, negotiating settlements, and preparing our clients for what lies ahead, including submitting ERISA appeals. Contact our experienced Tonopah ERISA Lawyer today to learn more.

What ERISA Provides

Some of the rights and guarantees that ERISA provides include the following:

  • The right to access any and all information about your plan and its benefits;
  • Strict fiduciary responsibilities for plan administrators;
  • A clear, well-defined appeals process for anyone who is denied benefits; and
  • The right to sue for benefits in federal court once you have exhausted that internal appeals process, which can not include requiring more than two internal appeals.

Why it can be Difficult to Collect Benefits

The problem with ERISA, however, is that, as a federal law, it preempts state consumer protection laws, which makes obtaining benefits even more difficult, as insurance companies know that they have a significant amount of leeway to potentially engage in bad faith, especially since they can not be held accountable via punitive damages.

Still, ERISA does allow you to collect attorney’s fees along with your benefits due, and attorneys like ours do not collect fees unless you win, therefore, it behooves you to work with an experienced ERISA attorney from start to finish in the process so that you have that strategic advantage and are not taken advantage of by the insurance companies when you have benefits due.

Contact Our Tonopah, Arizona ERISA Attorneys to Find Out More

The Tonopah ERISA  attorneys at the Law Offices of J. Price McNamara understand and have worked with the complexities of ERISA for years. We can help you with your case by providing you with a free case evaluation and handling your appeal on a contingency fee basis. Contact us today to find out more.

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