Tips for Filing Your ERISA Claim
ERISA refers to the Employee Retirement Income Security Act of 1974. Under this act, any time a participant is denied plan benefits, that denial
must be thoroughly reviewed. Thus, if you have been denied the benefits to which you think you are entitled, you may have a valid ERISA claim
on your hands.
The best way to handle this claim- and to be granted a favorable outcome- is to have an attorney experienced with ERISA claims assist you. In
addition to hiring an attorney, however, keep a few tips in mind as you go through the claims process.
Get a Claims Form From Your Employer
When you need to file an ERISA claim, you have many ways in which to get your hands on a claim form. However, your employer should
provide these forms to you without protest.
If they do protest, or if the employer fails to provide the form to you, document this information. An employer who is non-compliant in anyway,
or who tries to keep you from what you are entitled to, is not following the law. Having a record of this behavior can work on your side and help
you build a case if necessary.
No matter what the outcome,asking for the form directly from your employer gives you a chance to see if your employer does things
appropriately and by the book. If they are, that's great. If not, however, it can actually work to your benefit to show that your employer chose to
use unfair practices.
Be Aware of Time Limitations
In terms of federal law, there is no time limit or statute of limitations on when you can recover plan benefits via an ERISA claim. However, this
fact does not stop courts and outside attorneys from using state laws to ward off your claims.
Make yourself aware of any state laws that may be used against you and your claim,and prepare to argue against them. Obviously, this is a lot of
work and requires much legal know-how. For this reason, instead of trying to follow this tip yourself, choose a competent attorney who is aware
of this oft-used tactic as well as howto combat it.
Work Closely With Your Insurance Company
Outside of your attorney, the other important entity involved in your claim is your insurance company. Work as closely and cooperatively as
possible with your insurance company to increases the chance of a favorable outcome.
Provide your insurer with anything that it might want to know, including information on your doctors, any medications you may be using,and any
other information that may be requested of you. Not providing required information can sometimes keep your claim from getting approved, which
is the last thing that you want.
However, keep in mind that your insurance company, first and foremost, looks out for itself, not for you. For this reason, work with a lawyer
when you provide any information to your insurer. You should not submit something that could later be used against you and that could keep you
from getting your claim approved.
Seek Help with Your Claim
Filing an ERISA claim and getting a favorable outcome is tricky. There are so many rules and laws to know,and sometimes, it can seem like
everything and everyone works against you.
Your attorney, however, is the one person you can truly trust,as long as you choose a qualified one who is experienced with ERISA claims. To
this end, work with the professionals at Scott Shaffman. Our firm has qualified,experienced lawyers who have handled many ERISA claims
successfully. With us, you will be in the best possible hands.
