Many private companies provide benefits to help employees during difficult times, such as injuries or death. However, when these benefits are most needed, employees may struggle to secure them. An ERISA lawyer in Illinois knows how to handle these types of claims, so you are not left without options after a difficult life event.
J. Price McNamara: Disability, Life, AD&D Insurance Attorneys have over 30 years of combined experience fighting for clients and securing the most favorable outcomes possible. When you or your family is facing a difficult time, we can communicate on your behalf and provide trusted counsel and strategies that can get results. An Illinois insurance claims lawyer can guide you through the process with empathy and clear communication.
Choose an ERISA Attorney in Illinois That Understands What You are Going Through
J. Price McNamara: Disability, Life, AD&D Insurance Attorneys understand the challenges that often come with trying to secure ERISA benefits and are here to guide you through the process. Our team of experienced advocates helps you navigate the claim process and negotiate with insurance companies on your behalf to resolve disputes. Since we solely focus on these types of cases, we can provide trusted counsel for your specific situation.
ERISA claims are subject to stringent deadlines and requirements throughout the claim process. ERISA laws also favor insurance companies over claimants. When you hire our firm, you can rely on us to ensure deadlines are met, requirements are fulfilled, and your voice is heard throughout the process. We work diligently to ensure you receive high-quality services and the results you need.
When you schedule a consultation to learn more about us and what we can do for you, we can walk you through the factors impacting your claim and the solutions available to help you secure benefits. We carefully review all the evidence in your administrative record and gather more as needed to strengthen your claim. Our firm uses customized strategic approaches to ensure you’re treated fairly.
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ERISA Laws Provide Federal Oversight of Employer-Provided Benefits
Employer-provided benefits, such as short-term and long-term disability, life insurance, and accident death & dismemberment insurance, are governed by ERISA. ERISA stands for Employee Retirement Income Security Act and protects an employee’s rights to recover disability and retirement benefits, even if a company goes out of business or files for bankruptcy.
As such, structures are in place to manage benefit plans and protect funds and investments. Individuals who oversee these activities are known as fiduciaries, and they have fiduciary responsibilities that include offering benefits and providing benefit payments. Fiduciaries can also be held liable if they abuse their power and prevent employees from receiving their benefits.
All statutes regarding ERISA regulations and processes are found in 29 USC Chapter 18. These laws bind employers, insurance companies, and applicants to certain requirements and provide various rights and protections. ERISA laws are very specific and provide little room for deviation.
What to Expect During the ERISA Claim Process in Illinois
If you have been injured or lost an immediate family member, then you may be able to file a claim under the plan that applies to your situation. Similar types of plans can vary from one carrier to another, so it’s important to first review your policy to gain an understanding of what steps you must follow, deadlines you must adhere to, and potential exclusions that might prevent you from recovering benefits.
When submitting your claim, you will need to submit evidence of your condition or loss, as well as the lost income that you sustained as a result. The more evidence you have, the stronger your claim will be and the more you can reduce claim issues. Keeping detailed records and consulting an Illinois ERISA lawyer can help ensure you have enough high-quality evidence when you submit all necessary paperwork.
Once you have submitted your claim, the insurance company will review your request and all of the documentation you submitted. They must review and respond within the time frame allotted by law for the type of benefit an employee is seeking. If your claim is approved, you can move forward with recovering benefits. If you receive a denial, the insurance company must provide a written explanation.
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Appealing a Denied ERISA Claim
If you receive a denial of your ERISA claim, you should contact a lawyer right away. They can review the response you received and walk you through what it means and what options you have. If you are eligible, they can help you prepare and submit your appeal so your claim can be reviewed and reconsidered. However, there are a few things you need to do before your ERISA appeal so it’s effective.
You will first need to request your claim file from the insurance company, which includes all the information you submitted, along with the insurance company’s reviews. Before submitting your appeal, you will also likely need to gather additional evidence to include with your file, as you won’t be able to submit anything new once your appeal is active. You should also include updates on your condition.
Because of the way ERISA is structured, the same insurance company that handled your claim is often the one who handles your appeal. While a different party reviews your appeal, it can still create an unfair advantage for claimants, as insurance companies look out for themselves first. Experienced attorneys know how to navigate these complexities, though, and are equipped to advocate and negotiate for you.
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Secure Benefits With the Help of J. Price McNamara: Disability, Life, AD&D Insurance Attorneys
J. Price McNamara: Disability, Life, AD&D Insurance Attorneys help you secure the benefits you need after an injury or a loved one’s death.
Our team stands up for you and ensures that your claim is taken seriously by the insurance company. We protect your interests, especially when the insurance company is only looking out for itself. To take the first step, contact an Illinois ERISA attorney for a free consultation today.
Call or text (225) 201-8311 or complete a Free Case Evaluation form