Filing an Administrative ERISA Claim Denial Appeal in Louisiana
The Employee Retirement Income Security Act (ERISA) is a federal law that, while providing many important legal protections related to insurance, can serve as a hindrance for many policyholders who wish to appeal a denial of benefits. While ERISA does establish baseline standards that all employer-provided insurance plans must meet, it also places a burden on policyholders to exhaust all administrative remedies before demanding enforcement of a policy in court. As filing an administrative ERISA claim denial appeal in Louisiana can be an intimidating process, it is encouraged for anyone seeking such an appeal to seek legal counsel. Contact a knowledgeable ERISA disability claim denial lawyer to start discussing your potential legal options.
Why Might an Appeal Be Necessary?
ERISA regulations state that all employer-provided health plan administrators must establish an internal appeal process to handle disputes. In addition, a policyholder must exhaust this process before a court can hear a case alleging a breach of insurance contract. However, it is important to know what an appeal entails in this context, as well as why a policyholder might need to pursue one.
An appeal argues that the insurance company improperly denied benefits under a plan. This could be for an administrative reason, such as the policy not being valid at the time of the claim, or one that speaks to the terms of the policy, such as the policyholder not working for a company long enough to collect a pension.
In either event, the insurance company must send the policyholder a denial letter stating the reason for the denial and outlining the appeal procedure. Insurance companies must give policyholders at least 180 days from the date on the letter to file an administrative appeal for an ERISA claim denial in Louisiana.
Remedies Following an Unsuccessful Appeal
Oftentimes, a policyholder’s best chance at obtaining benefits is to file a lawsuit in court. This is because an internal appeal process is unlikely to change a decision an insurance company has already made. Still, a United States District Court will refuse to consider such a case unless a plaintiff exhausts this process.
Any lawsuit a claimant files in a local US District Court should include their denial letters as exhibits. These should accompany their claim that the insurance company breached their obligation to provide benefits as proof that the administrative remedy failed to solve the dispute. If successful, the lawsuit could require the insurance company to provide benefits as described by their policy.
Starting a civil suit in a United States District Court is now done completely online and requires a litigant to register with a service. The interface is fairly user-friendly but does require a litigant to state a cause of action, properly identify the defendant, state why the court has jurisdiction, and demand appropriate relief. An attorney could provide invaluable service for all these necessary procedures.
Get Help with Your Administrative ERISA Claim Denial Appeal
The ERISA laws that control employer-provided insurance plans are complex under even the best of circumstances. One area that often complicates a policy holder’s search for benefits is the requirement to exhaust all internal appeals with the insurance company before filing a lawsuit. Only once this is done would a US District Court consider the case.
Filing a lawsuit is also a complex matter, and although litigants are legally allowed to represent themselves, a failure to properly pursue a claim may bar recovery. Contact an ERISA lawyer today to learn more about filing an administrative ERISA claim denial appeal in Louisiana and the steps you may need to take afterwards to successfully recover compensation.