North Carolina employees may be offered disability and life insurance benefits from private employers as part of their benefits package. Employees may not realize that these benefits are governed by federal laws to ensure that they are available should a worker need them. However, obstacles may arise when submitting a claim, so it’s important to seek help from an experienced ERISA lawyer in North Carolina.
For more than three decades, J. Price McNamara: Disability, Life, AD&D Insurance Attorneys has fought for individuals who have struggled to receive the ERISA benefits they are entitled to recover. When insurance companies try to prevent you from recovering benefit compensation, a North Carolina insurance claims lawyer advocates for you so you’re taken seriously and receive fair treatment.
Benefits of Hiring an ERISA Attorney in North Carolina
When you have been injured or lost a loved one and need to pursue benefits, J. Price McNamara: Disability, Life, AD&D Insurance Attorneys can help you from the start or after you’ve run into complications. Many individuals find the claim process confusing, especially if they receive an unexpected denial. This is likely to add to the stress they’re already feeling.
Our team is your ally and can protect your rights with unwavering support and aggressive representation. Whether you need to recover short or long-term disability benefits, life insurance, or Accidental Death & Disability Insurance (AD&D), we can help you. We take the time to get to know you and your circumstances so we can provide tailored support to get you better results.
We are prepared for a variety of complications and are equipped with a variety of strategies that provide effective solutions. You can be confident that you are in good hands throughout your case. Additionally, our firm can handle your case electronically to help streamline it and make the process easier on you. We are committed to helping you get benefits when you’ve been affected by a big life change.
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Purpose of ERISA Benefits and the Laws That Govern Them
The Employee Retirement Income Security Act (ERISA) of 1974 was passed to protect employees so they could recover disability and retirement benefits provided by private employers. Funds to cover these benefits are generally held by outside organizations that have a fiduciary duty to manage and disburse benefits, even if the employer faces financial difficulties.
These benefits are protected and governed by federal laws. As such, there are established standards that affect employees, employers, fiduciaries, and insurance companies. Applicable rules for each party must be closely followed, as there is little to no leeway for error or violations. As an employee, legal representation can help you protect yourself throughout the process.
When you file a claim for benefits, having an introduction to ERISA law can help prepare you for what to expect in your case. Hiring a North Carolina ERISA lawyer can also help you understand what to expect and streamline the process. We also answer FAQs about retirement plans and ERISA so you can feel more confident about how to proceed with your claim.
Claimants in North Carolina May Face Challenges from ERISA Insurance Companies
Working with the insurance company to resolve an ERISA benefits claim can be frustrating and feel fruitless at times. This is often a common challenge faced by claimants, and one which a lawyer can help with. Insurance companies may focus on their interests and use various tactics to either deny your claim or minimize payouts for the benefits you are seeking.
Another challenge is when insurance companies or employers commit ERISA violations or engage in ERISA retaliation after a claim is filed. Violations and retaliation can be punished by fines and penalties, since claimants receive protection from these types of behaviors. Our team can also fight back when you have been victimized by unethical practices.
Because of the parameters of ERISA laws, insurance companies are also the first ones to handle any appeal you receive for a denied claim. This further empowers insurance companies to protect their interests and can put you at a disadvantage if you aren’t working with an experienced lawyer. If you still receive a denial after exhausting this avenue, then you may be able to file an appeal with the court.
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How to Respond if Your ERISA Benefits Claim is Denied
If you receive a letter from the insurance company notifying you that your ERISA benefits claim has been denied, then you should stop and call a lawyer before taking any further action. The letter you received should contain the reason for your claim denial, but it can have a variety of implications for your case. Our team can carefully review it and walk you through what it means for you and your case.
We work with you to request your original file for review. We work diligently to collect additional evidence to add to your case to make it stronger, more robust, and harder to refute. All new evidence must be added before you submit your appeal so that your case can be reviewed in its entirety. ERISA laws provide 180 days to submit your appeal, so it’s essential to avoid delays.
When submitting your appeal, we outline the reason for it and direct attention to new evidence and information that was not previously available in your case. We point to different ERISA laws that are applicable in your situation to demonstrate your rights and the insurance company’s obligations to carry out certain actions. We also handle all communications and negotiations.
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J. Price McNamara: Disability, Life, AD&D Insurance Attorneys is Ready to Fight for You
J. Price McNamara: Disability, Life, AD&D Insurance Attorneys protects your interests when the insurance company is delaying or denying your claim. A North Carolina ERISA attorney aggressively fights for you and advocates for your needs and legal rights.
Every case is nuanced and contains unique factors, so schedule a free consultation with our team today to learn how to proceed with your claim.
Call or text (225) 201-8311 or complete a Free Case Evaluation form
