Many workers in New Orleans and across Louisiana are confident that they can receive long-term and short-term disability benefits. However, oftentimes those workers are denied. That’s why you need to hire an ERISA lawyer in New Orleans for help.
Pursuing an ERISA claim can confuse anyone who doesn’t obtain legal assistance from a New Orleans insurance claims lawyer. Do not hesitate to speak with ERISA Insurance Claim Attorneys to understand all of your rights and obligations.
We have been helping workers like you for more than three decades.
What is ERISA and What Does it Do?
ERISA stands for the Employee Retirement Income Security Act, a federal law enacted in 1974. It was created to protect workers’ retirement assets and insurance benefits offered through employer-sponsored plans.
The law applies primarily to private-sector benefit plans, setting minimum standards for how they must be managed and administered.
Who is Covered by ERISA?
ERISA governs most retirement and health plans provided by private employers. It does not apply to plans offered by government entities or churches. ERISA only covers employee welfare benefit plans and pension plans sponsored by private employers.
What Does ERISA Require?
While ERISA doesn’t require employers to offer benefit plans, it sets strict rules once they do. These include eligibility standards, disclosure requirements, and fiduciary duties for those who manage the plans.
Employers must comply with these standards to ensure fair and lawful handling of benefits.
What Protections Does ERISA Provide?
If an employer or plan administrator violates ERISA rules, affected employees can take legal action. ERISA provides:
- The right to sue for owed benefits
- The right to sue for breaches of fiduciary duty
- Continued benefits through the Pension Benefit Guaranty Corporation if a plan is terminated
Why You Need a New Orleans ERISA Lawyer
New Orleans employers provide benefits to hundreds of thousands of workers. If you’re one of them and need help filing or appealing an ERISA claim, a skilled ERISA attorney can guide you through the process and fight for the benefits you’re entitled to receive.
Don’t face the ERISA system alone—contact a New Orleans ERISA lawyer today.
For a free legal consultation with an erisa lawyer serving New Orleans, call (225) 201-8311
What to Do if Your ERISA Claim Gets Denied in New Orleans
When filing a claim for ERISA-covered disability benefits, it’s important to remember that your employer’s insurance company is not on your side. Insurance providers often prioritize saving money over fairly evaluating your claim.
Their medical reviewers may not conduct thorough assessments of your medical records, leading to unfair denials.
What to Do if Your ERISA Claim is Denied
If your claim is denied, you have the right to file an administrative appeal with the insurance company. However, it’s essential to consult an experienced ERISA lawyer before starting this process.
An ERISA lawyer in New Orleans, LA, can help you face the appeal and avoid mistakes that could cost you your benefits.
ERISA Requires You to Exhaust Administrative Remedies
Under ERISA, you must complete all required administrative steps before filing a lawsuit. This includes:
- Filing an administrative appeal with your ERISA plan administrator
- Following the plan’s specific appeal procedures
- Submitting any additional evidence needed to support your claim
Filing a Lawsuit After Exhausting Remedies
Once you’ve completed all administrative remedies, you have the right to bring a lawsuit under ERISA. Be aware that there are strict deadlines for both appeals and litigation.
A New Orleans ERISA lawyer will ensure you meet these deadlines and help you prepare a strong, well-documented case.
New Orleans ERISA Lawyer Near Me (225) 201-8311
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.
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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. This is a brief overview of the claims process:
- 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 the 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 our attorneys have enough time to build a strong case and help you obtain a favorable result in your ERISA lawsuit.
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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 the role of ERISA lawyers and how they operate within the legal landscape. We’re here to change that.
ERISA Lawyers Who Represent Employers
One category of ERISA lawyers defends employers who sponsor ERISA-covered benefit plans as well as plan administrators. These attorneys protect the interests of employers and ensure compliance with the regulations set by the Employee Retirement Income Security Act.
They may also represent insurance companies that provide ERISA benefits and manage related claims.
ERISA Lawyers Who Represent Employees
The other category includes lawyers who advocate for employees entitled to ERISA benefits. These attorneys assist participants and beneficiaries during the claims and appeals process.
They help clients appeal denied claims, safeguard their rights during ERISA litigation, and address various ERISA-related challenges.
Our Role at ERISA Insurance Claim Attorneys
At ERISA Insurance Claim Attorneys, we focus on representing employees. We are dedicated to protecting the rights of participants and beneficiaries whose insurance companies have wrongfully denied or mishandled their claims.
Our knowledgeable and results-driven attorneys work tirelessly to secure the benefits our clients deserve.
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 appeal 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 ERISA Insurance Claim Attorneys 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.
Speak with a New Orleans ERISA Attorney 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.
After a claim denial, you have no time to waste. Schedule a free case review with an ERISA lawyer in New Orleans to talk about your options.
ERISA Insurance Claim Attorneys will review all pertinent facts related to your ERISA case to collect the benefits you deserve. For more information, visit our FAQ page.
Call or text (225) 201-8311 or complete a Free Case Evaluation form
