If you or your family has experienced an unexpected injury or death that results in a loss of income, you may be eligible for benefits covered under ERISA laws. To determine if you are eligible, receive help resolving claim issues, or have questions about your rights, an ERISA lawyer in New York can provide insight and guide you through the legal process.
J. Price McNamara: Disability, Life, AD&D Insurance Attorneys has been helping clients with their ERISA benefits for more than 30 years. Our extensive experience allows us to effectively fight back and advocate for you. A New York insurance claims lawyer can help you when you are unsure about how to proceed and provide direction to navigate these complex situations.
Choose a New York ERISA Lawyer to Handle Your Case
ERISA benefits are a complex area of the law, which is why you need an ERISA attorney to help you navigate these claims. J. Price McNamara: Disability, Life, AD&D Insurance Attorneys can help you understand your benefits and rights, file an appeal, communicate with the insurance company on your behalf, appeal denied claims, and more.
From the outset, we provide you with valuable support and counsel to make sure you have the most favorable chance at success possible. Because we only handle ERISA claims, it means that we can provide targeted solutions and strategies that hone in on the specific problem you’re facing with your claim.
Additionally, having worked for the insurance companies in the past, we understand the strategies they use and can fight against them more effectively. This knowledge helps us build stronger claims and appeals that get you better results than you would if you handled your case alone. We are committed to fiercely fighting for you.
For a free legal consultation with an erisa lawyer serving New York, call (225) 201-8311
Types of Benefits Covered by ERISA Laws
ERISA stands for Employee Retirement Income Security Act (ERISA) and includes several benefits that are provided to employees by private employers. These benefits are governed by federal laws that dictate what benefits are provided, how they are managed, how they are executed, and more. Common benefits covered by ERISA include:
- Short-term disability benefits: If you are injured and unable to work for a period of time due to your injuries, short-term disability pays for a portion of your wages to offset the loss of income during your recovery period.
- Long-term disability benefits: If you have suffered an injury that prevents you from working altogether, then long-term disability benefits cover a larger portion of your lost wages for an indefinite period of time to help make up for the income that you’ve lost.
- Accidental Death & Dismemberment Insurance (AD&D): This benefit provides compensation to eligible surviving family members if you accidentally die. Similarly, if you unexpectedly lose a limb, then you may receive compensation to help with your losses.
- Life Insurance: When an individual dies, life insurance pays death benefits to any beneficiary(s) listed on the policy and can cover the costs of final arrangements for the deceased.
These benefits do not apply to individuals who are independent contractors, government workers, church employees, or plans that exist solely to satisfy workers’ compensation benefits. Other exceptions could also apply, so it’s important to talk with a New York ERISA attorney if you’re unsure if you’re covered by ERISA laws or not.
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ERISA Claims Can Present Unique Challenges to Claimants
While ERISA benefits are intended to protect employees’ rights to benefits, they often do not adequately protect their ability to recover compensation when benefits are needed. Insurance companies have an inordinate amount of power where ERISA benefits are concerned. Not only do they process your claim, but they also handle the appeal process.
This is often problematic because insurance companies don’t want to pay out any more than necessary, so they can protect their bottom line. An ERISA attorney in New York from our team puts your interests first and demands that these insurance companies pay you what you deserve. We not only understand how to communicate with them, but we also know how to navigate the nuanced laws that govern benefits.
Additionally, another challenge associated with ERISA claims is that deadlines and claim requirements are very specific. Failing to pay attention to important deadlines or submitting an incomplete claim can leave you without many options for recovering the compensation you are seeking. By working with our team, though, we can help you avoid common pitfalls and ensure that all requirements are fulfilled.
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Appealing Denied ERISA Claims
It is not uncommon for individuals to receive a claim denial when pursuing benefits. There are many reasons for this, which may include application errors, insufficient evidence, missed deadlines, policy exclusions, and ineligible conditions, to name a few. Pushback from the insurance company is another contributing factor, as they often look for reasons to issue a denial.
Insurance companies are required to send you a letter stating the reason why your claim was denied. At this point, it’s important to understand how insurance companies hope you react to their denial letter. They want you to either give up on your claim or argue the existing claim. However, what you need is to provide new evidence that strengthens your claim and effectively refutes the denial.
Begin by requesting your initial claim file so your lawyer can review it and determine how to proceed with your case. They will identify areas of weakness, gather new evidence, and use new strategies during the appeal process to secure compensation. Our team is also prepared to escalate beyond the insurance company if you receive another denial.
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Consult J. Price McNamara: Disability, Life, AD&D Insurance Attorneys Today
J. Price McNamara: Disability, Life, AD&D Insurance Attorneys fights for you when you are at a loss with resolving your claim. An ERISA lawyer in New York advocates for you and helps secure the benefits you need in a timely manner.
We know how stressful claim challenges can be, so schedule a free consultation with our team today to learn more and get started.
Call or text (225) 201-8311 or complete a Free Case Evaluation form