Many workers in New Orleans and across Louisiana are confident that they can receive long-term and short-term disability benefits provided by their employer’s insurance when they suffer injuries, disabilities, or illnesses.
However, that confidence may begin to fade when a worker begins the ERISA claims process to collect those disability benefits. Pursuing an ERISA claim can confuse anyone who doesn’t obtain legal assistance from a New Orleans ERISA lawyer.
If you want to file an ERISA claim or appeal the denial of your claim in New Orleans, do not hesitate to speak with our knowledgeable ERISA lawyer, J. Price McNamara, to understand all of your rights and obligations.
At J. Price McNamara ERISA Insurance Claim Attorney, we will review all pertinent medical records and information associated with your ERISA case to help you understand your options. Our goal is to help you collect the appropriate documentation to strengthen your claim and ensure that you receive the benefits you deserve for your disability and long-term needs. We offer a Free Denial Review, and we typically charge a contingency fee—so if we cannot win your case, you will owe us nothing.
What Is ERISA and What Does It Do?
New Orleans area employers have 540,000 workers. Many of them receive benefits for their labor, including long-term disability insurance.
ERISA stands for the Employee Retirement Income Security Act, the 1974 federal law that protects the retirement assets and insurance benefits of workers in the United States. ERISA sets minimum standards for benefit plans purchased by employers in the private sector.
The law governs most retirement and health plans provided by private employers. ERISA generally does not cover government-sponsored retirement and health plans.
According to 29 U.S.C. § 1002, ERISA only governs employee welfare benefit plans and employee pension plans sponsored by employers in the private sector. While ERISA does not require employers to establish employee benefit plans, it does set minimum requirements for most private employee benefit plans. In other words, once an employer purchases an applicable benefit plan, ERISA sets the rules.
Thus, if your employer provides an employee benefit plan, it must adhere to ERISA’s minimum requirements, including eligibility and disclosure rules. ERISA also sets fiduciary rules for those who manage employee benefit plans and their assets. When someone violates ERISA’s fiduciary rules, you can hold the violating party responsible for the resulting harm.
ERISA provides these protections for both beneficiaries and participants:
- The right to sue for the benefits they are owed;
- The right to sue violating parties for breaches of fiduciary duties; and
- The right to continue receiving certain benefits through the Pension Benefit Guaranty Corporation if a company terminates a plan.
Contact a New Orleans ERISA lawyer to ensure that you have someone who can help you navigate the ERISA claims process and get you the benefits you deserve.
What to Do if Your ERISA Claim Gets Denied in New Orleans?
When filing a claim to collect ERISA-covered benefits for your disability, remember that your employer’s insurance company does not have your best interests in mind when processing and investigating your claim. In fact, the insurer’s team of medical professionals often does not conduct the necessary evaluations of the claimant’s medical records when processing their claim. They’re just trying to save the insurance company money.
If your claim for an ERISA-covered benefit gets denied, you have a right to file an administrative appeal with the insurance company. However, talk to an experienced ERISA lawyer before pursuing your appeal.
ERISA requires claimants to exhaust all of their administrative remedies before bringing a lawsuit following the denial of their claim.
In other words, before filing a lawsuit under ERISA, you must:
- File an administrative appeal with the administrator of your ERISA plan;
- Follow the administrative appeal procedure; and
- Submit any requested or missing evidence to strengthen your claim.
You have a right to file an ERISA lawsuit once you exhaust the above-mentioned administrative remedies following the denial of your claim. You must follow strict deadlines for ERISA litigation and appeals. Your New Orleans ERISA lawyer will help you understand how much time you have and make sure you file a complete, convincing administrative appeal by the deadline.
A New Orleans ERISA Lawyer Can Help You Appeal the Denial of Your Claim
You must seek the legal counsel of a knowledgeable ERISA lawyer to appeal the denial of your claim.
Once you exhaust your administrative remedies after the denial of your ERISA-covered claim, you may bring a lawsuit for:
- Long-term disability insurance. Insurers frequently deny valid long-term disability insurance claims. Your attorney can help you gather clear and convincing evidence to show that you cannot perform your job duties and prove that you meet your ERISA plan’s eligibility requirements to collect benefits.
- Life insurance. If you lost a loved one, you might receive ERISA-covered life insurance benefits. Often, employers’ insurance companies deny life insurance claims if the loved one’s death supposedly does not meet the eligibility requirements or it is not immediately clear who should collect the life insurance benefits.
- Accidental death and dismemberment (AD&D) insurance. AD&D insurance covers a death or injury that directly results from a covered accident. AD&D insurance does not cover illnesses and non-accidents.
Just because an insurance company denied your claim for ERISA-covered benefits does not necessarily mean that you cannot collect the benefits. You may still get the benefits after a wrongful or unfair claim denial.
Consult a New Orleans ERISA lawyer to discuss your particular situation and determine if you can appeal the denial of your claim in your unique case. Your attorney will help you understand your rights under your ERISA-covered plan.
What You Need to Know About ERISA Disability Claims
When filing a claim to collect disability benefits, you need to understand how the claims process works.
Basically:
- You file your disability claim
- Your employer’s insurance company receives the claim and begins investigating it
- The insurer reviews evidence relating to your disability to find sufficient grounds to approve or deny your claim
- If your claim gets denied, you have a deadline to start the appeals process
- If the insurer upholds the denial and you exhaust your administrative remedies, you have a right to file a lawsuit in a federal court
- A federal judge will decide whether the insurance company appropriately denied your claim or if it should approve your claim
You need a New Orleans ERISA lawyer throughout the claims and appeals process. Contact a lawyer as soon as possible after a claim denial so that our attorneys have enough time to build a strong case and help you obtain a favorable result in your ERISA lawsuit.
Related Read: ERISA Claims and Appeal Process [Guide]
Can You Get Fired for Pursuing an ERISA Benefits Claim in New Orleans?
No, the Employee Retirement Income Security Act prohibits employers from firing or otherwise retaliating against employees for filing claims to obtain benefits covered by ERISA.
For example, if a plan administrator denies your ERISA-covered claim and you bring a lawsuit to appeal the denial of your claim, your employer cannot legally terminate your employment or demote you for exercising your protected right. If you believe that your employer retaliated against you for filing an ERISA benefits claim or exercising your rights, contact an attorney right away.
According to 29 U.S.C. § 1024, any participant or beneficiary has a right to request copies of specific plan materials, including the formal plan document.
What Do New Orleans ERISA Lawyers Do?
Many people do not fully understand what ERISA lawyers do.
First of all, ERISA lawyers can fall into two categories:
- ERISA lawyers who defend employers who sponsor ERISA-covered benefit plans and plan administrators. These lawyers protect employers’ interests and ensure that the employers comply with all the rules imposed by the Employee Retirement Income Security Act. These lawyers may also represent plan administrators and insurance companies that provide ERISA-covered benefits and manage claims.
- ERISA lawyers who represent employees who deserve benefits that ERISA covers. These attorneys represent participants and beneficiaries under ERISA who need assistance during the claims or appeals process. Lawyers who represent employees can help them appeal the denial of their claim, protect their rights during ERISA litigation, and resolve other ERISA-related issues.
Our knowledgeable and results-driven team at J. Price McNamara ERISA Insurance Claim Attorney falls into the second category of ERISA lawyers. Our lawyers protect the rights of participants and beneficiaries whose insurance companies wrongfully deny or otherwise mishandle claims.
Why You Need a New Orleans ERISA Lawyer
If you receive a denial for ERISA-covered benefits, seek the legal counsel of an ERISA lawyer to:
- Review the insurer’s decision to deny your claim;
- Examine all relevant medical records and information related to your claim
- Help you prepare an appeal letter and support your appeals case with strong evidence
- Ensure that you adhere to all claims procedures when handling your case
- Help you gather additional evidence, including medical records, to prove that you deserve the benefits you seek
- Represent your rights and interests throughout the appeals process and ERISA litigation
If your New Orleans ERISA lawyer’s administrative appeal does not lead to the approval of the claim, your attorney may file a lawsuit in federal court. If you were denied ERISA-covered benefits under your employer-sponsored plan, our skilled attorneys are ready to help.
ERISA-Related Cases That We Handle in New Orleans
Our dedicated and passionate team at J. Price McNamara ERISA Insurance Claim Attorney handles all issues arising under ERISA in New Orleans.
We assist participants and beneficiaries in ERISA cases involving:
- Short-term disability insurance
- Long-term disability insurance
- Life insurance plans
- Accidental Death and Dismemberment (AD&D) insurance
- Violations of fiduciary rules
- Denials of claims for ERISA-covered benefits
- Appeals of denied claims under ERISA
- Defined benefit (DB) pension plans
- Welfare benefits
- ERISA litigation
If you believe that a plan administrator, insurance company, or another party breached fiduciary rules under ERISA or wrongfully denied your insurance claim, do not hesitate to speak with our New Orleans ERISA law firm.
Related Read: 11 Steps to Effectively Apply for Long Term Disability in 2021
Speak With a New Orleans ERISA Lawyer Today
Insurance claims related to ERISA have strict deadlines, which is why you must act as quickly as possible when pursuing benefits under an employer-sponsored insurance plan, responding to the denial of your claim, and appealing an administrator’s decision to deny your claim.
Detail-oriented New Orleans ERISA lawyer J. Price McNamara has the necessary experience and resources to advocate for your rights and help you with any issues arising under ERISA.
We will review every aspect of your ERISA-related claim to ensure that you receive the benefits and compensation you deserve. Our goal is to help you build a strong case and achieve the most favorable outcome possible during the claims and appeals process or ERISA litigation.
After a claim denial, you have no time to waste. Schedule a free case review with our New Orleans ERISA lawyer, J. Price McNamara, to talk about your options. We will review all pertinent facts related to your ERISA case to ensure that you can collect the benefits you deserve.
Call (504) 420-6962 or visit our Contact Us page to book a Free Denial Review with our team at J. Price McNamara ERISA Insurance Claim Attorney.
New Orleans Office
Fax: Fax: (225) 201-8313(By Appointment)
