San Jose ERISA Attorney
Compassionate ERISA Lawyers Serving Clients in San Jose, CA
Employment Retirement Income Security Act, ERISA was established in 1974. It is a federal law that protects both employees and employers in private corporations. It establishes the minimum standard for pension plans, health insurance, life insurance, disability insurance, apprenticeship plans, and other welfare benefit plans. If you need help understanding these laws, a San Jose ERISA attorney can assist you.
Under ERISA law, employers are not required to offer plans to their employees. However, if an employer chooses to offer plans to their employees, the Act sets important standards for the employer’s insurer to meet.
The Employee Benefits Security Administration, EBSA, a division of the United States Department of Labor (DOL) administers ERISA. The major thing ERISA does is that it offers protection to employees who may be wronged due to financial mismanagement of the plan by its fiduciaries or people financially responsible for its administration.
However, it is a complicated area of civil law and one that has its limitations. If you will have a chance at getting compensation from an employer’s insurer who is protected by ERISA law, you need to retain the services of an exceptionally skilled and experienced San Jose ERISA lawyer.
The ERISA attorneys at Pillsbury & Coleman, LLP, in San Jose, have extensive experience in this unique and complex area of law. There are several traps that applicants often fall into, resulting in a denial of their claims.
We have helped employees throughout San Jose, California get the insurance benefits they are entitled to receive. We can help you, too. Reach out to us at (888) 433-8335 and let’s get started on your case.
The ERISA process
The first step to success in an ERISA claim is understanding the process, and it is as follows:
This is the first step in the process and the most important. When filing your application, you must follow all of the requirements of your policy. This includes providing every evidence of your right to the ERISA benefits you can dig up. Failing to present adequate evidence when applying is one of the major traps applicants fall into. Don’t be a victim of this; ensure that all relevant evidence is included with your application.
Reviewing your claim
Under ERISA, insurers are required to review your claim and get back to you with a decision within 45 days. If they need more time to review your claim, they must update you on the status of your application within the first 45 days.
At the end of the stipulated period, you should receive a notice of whether your claim was approved or denied. If your claim was denied, the insurer is legally mandated to explain clearly to you why you were denied. The reality is usually a bit different, though, as insurance companies are well-versed in using language that can be difficult to understand.
If your ERISA claim was denied, you should reach out to a San Jose ERISA attorney as soon as you receive the denial letter. We will file an internal appeal for you as you cannot file any type of lawsuit if you do not appeal first. Do not delay at all, as you only have 180 days to appeal the denial and the sooner you file the appeal, the better for you.
If you delay, you may not be able to recover your benefits at all. Also, you should not file an administrative appeal without having your attorney present. Get in touch with us now.
If your internal appeal was denied, or it did not lead to a satisfactory settlement from the insurance company, you may need to take your case to federal court as ERISA is a federal Act.
Since you have filed an internal appeal, you have the right to file a lawsuit after a decision was returned on your administrative appeal. Our San Jose ERISA lawyers are prepared to take your case to trial.
Let Our San Jose ERISA Attorney Help You!
We will not only work to help you receive full payment for ERISA delayed or denied claims we will also seek punitive damages to encourage insurance companies to treat policyholders fairly. If you or your loved one has had your insurance claim unreasonably denied or delayed, reach out to our San Jose ERISA lawyers today on (888) 433-8335 or through our contact page.