If you are seeking benefits under an employer-sponsored insurance plan covered by ERISA, you can benefit from contacting a Baton Rouge ERISA lawyer to help you navigate the claims process.
If your claim for ERISA-covered benefits gets denied, you need to speak with a knowledgeable lawyer who can advocate for your rights when appealing the denial of your claim. Our dedicated and skilled team at ERISA Insurance Claim Attorney has over three decades of experience handling legal cases like yours.
We understand the stress and frustration you may feel if your insurer denies your ERISA claim. For this reason, we dedicate all of our resources, experience, and energy to protecting those who need benefits. You can contact a Baton Rouge insurance claims lawyer now to learn more.
Why Hire an ERISA Lawyer in Baton Rouge, LA?
If you are considering filing a claim under an ERISA-covered benefit plan, it is essential to work with a knowledgeable lawyer to gather the necessary documentation and evidence to strengthen your claim.
An attorney can help you pursue benefits under an ERISA-covered plan by:
- Carefully reviewing your situation to determine the right course of action
- Answering questions about qualifying for ERISA
- Helping you understand your rights under your ERISA-based benefit plan
- Gathering the necessary documentation, including medical records, to strengthen your ERISA claim
- Making sure that you follow the applicable procedural requirements and rules when pursuing benefits
- Helping you calculate the appropriate amount of benefits to which the law entitles you
- Ensuring that the plan administrator and insurance company uphold their fiduciary obligations
You need a Baton Rouge ERISA lawyer to effectively handle your claim and receive the benefits you deserve under your plan. You can schedule a free, no-obligation consultation to get help understanding ERISA.
Our law firm represents ERISA participants and beneficiaries, drawing on years of experience.
Why Pick Our Firm to Handle an ERISA Claim?
We have decades of experience handling claims and lawsuits related to ERISA-covered benefit plans. Our law firm boasts enviable results in Baton Rouge and all across Louisiana. We can:
- Assist ERISA beneficiaries and participants in all aspects of the claims and administrative appeals process;
- Help you understand your rights and obligations under your benefit plan;
- Explain all applicable requirements and procedures involved in the claims process;
- Ensure that you comply with all ERISA-mandated rules;
- Help you appeal the denial of your ERISA-based claim
- Represent your interests in ERISA litigation.
We have assisted numerous clients in ERISA-related matters in Baton Rouge. We aim to provide our clients with the highest-quality legal services at the most affordable rate possible. We want to ensure your insurance claim gets paid in full without unreasonable or unnecessary delays.
No one should ever have to deal with the prospect of having their valid claim denied for no reason, especially when seeking short-term or long-term disability benefits. If you are in a situation where a plan administrator or insurance company denied your ERISA-based claim, you have no time to waste.
How do You File an ERISA-Based Claim?
You must follow the specific claim procedures when filing a claim. Failure to comply with the requirements could result in the loss of your right to collect the benefits. If this happens, the plan administrator may deny your claim.
Hiring a Baton Rouge ERISA lawyer is of utmost importance when filing a claim. Your attorney will ensure you follow all the applicable procedural requirements when pursuing your claim. A lawyer will help you gather the necessary information and evidence to strengthen your claim and help you obtain the benefits you deserve.
After submitting your ERISA-based claim, two things can happen:
You Get an Approval
If this happens, the plan administrator will send you written notice. You will begin receiving the benefits shortly after the notice.
You Get a Denial
You will receive a denial letter with a written explanation of the reasons behind your claim denial. The letter will also advise you on your next steps if you wish to appeal the plan administrator's decision. We know how insurance companies hope you react to their denial letter and what you should do instead.
If your claim gets denied, do not hesitate to speak with a knowledgeable ERISA lawyer to discuss your options. Your attorney will help you pursue a successful administrative appeal within the deadline.
Under the Employee Retirement Income Security Act, you must exhaust your administrative remedies before filing a lawsuit in federal court. Your attorney will protect your rights in ERISA litigation if the administrative appeal is unsuccessful.
A Lawyer Can Help After an ERISA Denial
If the plan's administrator denies your claim, your ERISA attorney can help you appeal directly to the insurance company. ERISA requires beneficiaries to file written appeals before filing a lawsuit in federal court. For this reason, your lawyer will adhere to all procedural requirements when appealing the denial of your claim.
Your appeal must cite and include strong and objective evidence to change the insurer's decision. However, if your attempts to overturn the insurance company's denial by filing an appeal are unsuccessful, you can pursue a lawsuit against the insurer.
When the denial of your claim leads to ERISA litigation, your attorney will advocate for your rights and interests when presenting your arguments to the federal judge. Your ERISA lawyer will help you determine if the plan administrator or insurance company breached the fiduciary duties owed to you when handling your claim.
What Is ERISA?
The Employee Retirement Income Security Act (ERISA) is a federal law enacted in 1974 that governs employer-sponsored insurance plans that provide health, disability, retirement, and other benefits to employees. ERISA only covers insurance plans provided by private employers.
ERISA aims to protect employee pensions, disability benefits, and other employer-provided benefits.
Many ERISA-based claims involve:
- Short-term and long-term disability insurance
- Life insurance
- Accidental Death and Dismemberment (AD&D) insurance
While ERISA protects employees, it also sets strict requirements for participants and beneficiaries who qualify for ERISA-covered benefits. ERISA does not require employers to purchase specific insurance plans to provide benefits to their employees. Instead, the Act sets minimum requirements for employer-funded policies.
ERISA does not cover all employer-provided plans, so it is advisable to consult with an attorney to determine if your coverage is under the Act. Even if ERISA covers your insurance plan, you may still have difficulty getting your claim approved. Your employer's insurance company may deny your claim.
If you received a denial of ERISA-covered benefits from the insurer, contact a skilled lawyer immediately. Our Baton Rouge ERISA lawyers aggressively advocate for your rights during the claims, administrative appeals, or litigation process.
We Can Tell You More About ERISA
Schedule a free case review with our ERISA lawyers to discuss your situation. We can help you with various issues arising under the Employee Retirement Income Security Act, particularly the group long-term disability insurance benefits you may have through your employer, union, or trade association.
Since we work on contingency, you will owe us nothing if we cannot help you receive your benefits.
Which Benefit Plans Are Under ERISA?
As mentioned earlier, ERISA does not apply to all benefit plans. Initially, it covered only pensions, but today, various kinds of benefit plans are subject to the Employee Retirement Income Security Act (ERISA).
According to the U.S. Department of Labor, ERISA applies to more than 680,000 retirement plans, 2.4 million health plans, and 2.4 million welfare benefit plans.
We handle disputes under the following benefit plans subject to ERISA:
- Life Insurance
- Accidental Death and Dismemberment Insurance
- Long- and Short-term Disability Insurance
- Disabled Physicians’ and Medical Providers’ Disability Insurance
Following all applicable claim procedures and deadlines is critical when seeking benefits under an ERISA-covered plan.
What Are the ERISA Fiduciary Responsibilities?
A fiduciary is any person using discretion in managing and administrating ERISA-covered plans or controlling the plan's assets. Understanding the fiduciary obligations of the plan administrator and other responsible parties is vital when filing an ERISA-based claim.
Fiduciaries must process and handle claims in good faith and act in the best interests of participants of ERISA-covered plans.
According to the U.S. Department of Labor guidelines, ERISA fiduciaries have the following responsibilities:
- Making prudent decisions when managing the plan's assets
- Avoiding conflict of interest
- Paying reasonable plan fees and expenses
- Following plan requirements consistent with the rules imposed by ERISA
- Diversifying plan investments
If you believe the plan's administrator or another fiduciary failed to uphold their duties, your attorney can hold the non-compliant party responsible for the breach.
What Is the Statute of Limitations for ERISA-Related Claims?
While ERISA does not impose time limits on filing claims under a covered benefits plan, it is essential to check whether the plan has any statutes of limitations. Most ERISA-covered plans set a time limit for notifying the employer's insurance company of the intention to pursue a claim.
When seeking short-term disability benefits, the time limit could be as short as seven days from the beginning of your disability. The statute of limitations for a claim seeking long-term disability benefits is often 30 days.
How Long does the Insurance Company Have to Address Your Claim?
According to 29 CFR § 2560.503-1, an insurance company must decide on a long-term disability claim within 45 days of the claim filing date.
How Long Do You Have to Appeal a Denial?
If a claim denial happens, ERISA requires an insurance provider to give the claimant 180 days to appeal the long-term disability claim denial. If the administrative appeal is unsuccessful, the claimant whose ERISA-covered claim got denied can file a lawsuit against the insurance company in federal court.
ERISA rules do not specify the statute of limitations for filing lawsuits. For this reason, courts often use the state's statute of limitations for contracts and judgments. In Louisiana, the statute of limitations for lawsuits involving written contracts is ten years (LA CIV CODE Tit. XXIV, Art. 3499).
Your attorney will ensure you follow all applicable procedural requirements and deadlines when appealing the denial of your claim and filing lawsuits in your ERISA-related case.
Talk to Us About Your ERISA Claim in Baton Rouge, LA
The Baton Rouge ERISA lawyers on our team have the dedication and skill to provide clients with trusted legal advice and ensure that our clients get proper compensation for their disability and other needs. We have a successful track record of handling all aspects of ERISA claims, including administrative appeals and litigation.
Do not delay to get a free review from our team. It is in your best interests to discuss your particular situation with an attorney as soon as possible to ensure a favorable resolution of your claim. You can also take advantage of our free guidebook download.
Do not risk losing your rightful insurance benefits by failing to seek legal representation from the ERISA Insurance Claim Attorneys.
