San Francisco, CA ERISA Disability Lawyer
If you have had issues claiming benefits under ERISA, a San Francisco, CA ERISA disability lawyer can help you. When filing disability claims under ERISA, it is vital to understand the claims process and how ERISA relates to your policy. While the administrative process may seem complicated, a lawyer provides professional knowledge and experience that is invaluable in helping your claim succeed. Contact The Law Office of Bennett M. Cohen today to find out how we can help with disability claims under ERISA.
What Is ERISA?
The Employee Retirement Income Security Act of 1974, or ERISA, is a federal law that regulates minimum standards for voluntarily established employee benefits, retirement, health, and disability plans in the private sector. It requires plans to provide detailed information about benefits, funding, and cost of the plan, provides an avenue to file appeals and grievances for denied or undervalued benefits, and gives participants the right to file a lawsuit for benefits or breach of duty.
As a federal law, ERISA supersedes state and local regulations if your employer’s benefits plan is under ERISA. This means that you must file an appeal through the process set out by ERISA before filing any lawsuits. It is critical to enlist the aid of a San Francisco ERISA disability lawyer when filing an appeal for benefits. A lawyer with professional knowledge of ERISA can counsel you on the best course of action, gather evidence, comply with all ERISA policies, and craft the best possible appeal for you and your claim.
Filing Claims Under ERISA
The claims process under ERISA involves three steps: the initial claim, appeal, and filing a lawsuit. After you submit your initial claim to the insurance company, they must come to a decision within 45 days, though they can extend this period if necessary. If your claim is denied, you have the right to appeal this decision. You must exhaust all administrative avenues within your plan before filing a lawsuit. If the appeal is denied, you can file a lawsuit in federal court. Under ERISA, new evidence is typically not allowed in these lawsuits, which is why it is vital to fully present all evidence during the claim and appeal processes.
How Can An ERISA Disability Lawyer Help?
A San Francisco ERISA disability lawyer has experience navigating the legal intricacies and nuances of filing claims under ERISA. In attempting to file a successful claim, it is important to have all documents in order, compile sufficient evidence, meet all deadlines, and adhere to the administrative procedures and processes laid out under ERISA. This can be a difficult task, especially when dealing with a disability.
A lawyer ensures that every box is checked, and that you are given the best representation possible in all filings, negotiations, and, if necessary, court appearances. At The Law Office of Bennett M. Cohen, we are here to fight for you and your claim; contact us today for a consultation on how we can help you with your disability claim under ERISA.