Many employees know about or have experienced aspects of ERISA law. But many more have no idea what it is and how it affects them. The professionals at J. Price McNamara have a long history of experience with ERISA cases. What this means for clients like you is that you can count on them for all your ERISA legal needs. If you are struggling with what to do in your ERISA case, this article may be able to help you. In response to the large-scale confusion about ERISA, we compiled a list of important information about this issue.
What Is ERISA?
ERISA stands for Employee Retirement Income Security Act (ERISA) and was created in 1974 to protect retirement and pension benefits plans for people in the United States.
Does ERISA Cover Both Private And Government Employees?
No. ERISA only applies to employees in the private sector. Non-private employers, such as a can offer you a plan, but it will not be considered a true ERISA plan. If you are not sure, you can always contact your benefits administrator.
What Is An ERISA Fiduciary?
For plan holders that do not know, the person who manages your ERISA plan is known as the fiduciary. A company can also be the party managing your ERISA plan. It is this fiduciary that is often responsible for making the decisions on any ERISA claims.
Can I Sue My Plan Fiduciary?
ERISA does allow most employees to sue the fiduciary of their plan for breach of duty or denial of earned benefits. In many cases, employees are required to exhaust certain remedies prior to suing their fiduciary. This means that employees have to appeal to their insurance company within a certain time frame and submit paperwork they want considered. Only when these options have been completed can employees sue their plan fiduciaries. Additionally, if you are disabled or have long-term disabilities that require benefits that your ERISA plan refuses to pay, you may benefit from taking your insurance company to court.
Do Louisiana State’s Insurance Laws Apply To My Case?
This answer to this is not as simple as a yes or a no. In many cases, ERISA controls over state insurance laws. However, in there may be certain cases where employers are exempt under state law and do not have to incorporate ERISA provisions for their employees. If you do not understand your ERISA plan, whether Louisiana law applies to your plan or the documents provided for your plan, you can ask your plan representative to answer any questions you may have.
What Can I Do If My ERISA Claim Is Denied?
According to appropriate rules and regulations, insurance companies must not deny your claims under ERISA without justified and proper cause. This is not always the case though when employees are denied claims. If you believe you the right to appeal a denial of ERISA claims, you need to hire an experienced ERISA law attorney. This will ensure that you have the best chance for success in appealing the denial of your claim. You should also note that the appeal from denial of benefits or a claim against your insurance company is absolutely critical, because in the case of any denial, courts will only consider documents supplied in support of your appeal. What this means is that you will be unable to introduce new evidence in court when you appeal your case. This also means that it is essential to hire a skilled attorney to help with compile the correct documents and information for your appeal.
See J. Price McNamara For Help With Your ERISA Case
You may be dealing with complicated ERISA questions and all the stress that comes along with a difficult ERISA case. If so, you need an experienced ERISA attorney to help you be successful in your case. J. Price McNamara can help. His Houston, TX ERISA firm has the requisite knowledge of ERISA law so that you can get the outcome you desire for your case. The legal team at the Law Offices of J. Price McNamara is ready and waiting to help you with your ERISA case. There is no better time than now to get us started on your case, so call us today to schedule your free case review. With Attorney McNamara, you get an experienced ERISA insurance attorney on your side and that means piece of mind for a successful outcome in your case.
Following graduation from Loyola Law School in New Orleans in 1990, Price McNamara served as a Federal Judicial Law Clerk to the Honorable John M Shaw, Chief Judge, United States District Court Western District of Louisiana.
Mr. McNamara founded the Law Offices of J. Price McNamara, and began putting his past experience to work for the injured and disabled clients he now represents against the insurance companies in personal injury and long term disability and other insurance disputes in both federal and state courts