San Mateo ERISA Lawyer
Experienced ERISA Attorneys Serving San Mateo
You need the services of a San Mateo ERISA lawyer if you are having difficulty receiving benefits under coverage provided by your employer. Your employer can offer you and your dependents medical, surgical, or mental health benefits, as well as a retirement plan, long-term disability income via an insurance contract, severance benefits, and even legal services or child care assistance. If you apply for benefits or even request details about a package like this and are rejected, you might be able to get help from an ERISA attorney.
Pillsbury & Coleman, LLP’s San Mateo ERISA lawyers advise employers and other plan sponsors on problems occurring under the Employee Retirement Income Security Act (ERISA), such as Fiduciary Compliance, Retirement Arrangements, ESOPs, Welfare Benefits, PBGC, and other facets of ERISA litigation, including Expert Witness services.
What is ERISA?
ERISA, or the Employee Retirement Income Security Act, is a federal statute that was passed in 1974 to secure employee benefits. ERISA was designed to ensure that employees received their pension benefits when it was first passed, but it also includes insurance benefits.
Types of ERISA Violations
Although each situation is different, the following are some typical ERISA violations:
- Wrongful firing to avoid paying benefits
- Improper refusal of benefits
- Benefits lost due to negligence
- Breach of fiduciary duty
It’s important to remember that ERISA takes priority over state insurance-plan legislation. The best part is that ERISA sets certain requirements that most employers and insurers must follow when providing employee benefits, such as life, disability, and health insurance.
Since ERISA is such a complicated law, it’s crucial to work with a San Mateo ERISA lawyer who knows what they’re doing when it comes to asserting your ERISA rights. Our firm has the experience and expertise to help you navigate the process and make the best case for the benefits to which you are eligible from your employer.
What action can be pursued under ERISA?
Don’t be worried if the employer or employer’s insurer initially denies your insurance claim. It is possible to turn the initial defeat into a win by using ERISA to contest the denial.
To do so, however, you must take the appropriate measures. If an insurance provider has rejected your application for coverage under a disability or health insurance program, you must file an ERISA appeal. This is particularly important because the United States Supreme Court has ruled that ERISA preempts most state laws governing employee benefit claims against insurance companies.
However, filing a successful appeal entails more than just submitting a legal document. It entails obtaining the insurance company’s file for a thorough review. It entails documenting the specific reactions to the company’s decisions and decision-making process. It entails, if possible, adding documentation to the register, such as medical reports, to provide a complete image of your disability. These measures would improve your case not only if you win on appeal, but also if you need to file a claim in federal court after losing on appeal.
We will assist you in obtaining your file, filing a disability appeal, obtaining current medical reports and other documentation required for your appeal, and taking other steps necessary to assert your employee benefits claim against your employer’s insurance provider. This means you won’t have to fend for yourself if you’ve had a major accident or sickness followed by a denial of your benefits claim.
Contact our San Mateo ERISA Lawyer
Filing an ERISA claim in San Mateo can be a time-consuming and frustrating process, particularly if you are already in pain or discomfort due to a personal injury or illness. Pillsbury & Coleman, LLP‘s team of seasoned San Mateo ERISA lawyers are committed to defending employees in San Mateo and across California who are trying to file an insurance claim with an employer-funded insurance provider.