According to the U.S. Department Of Labor, the Employee Retirement Income Security Act of 1974 (ERISA) is: “a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans. It requires plans to provide participants with plan information including important information about plan features and funding and sets minimum standards for participation.”

Among these other benefits, ERISA includes the right to file a lawsuit to recover the benefits you are entitled to in your plan. ERISA law can seem complex, especially if you are unfamiliar with how it all works. Since ERISA is such a complex federal law, it can change the way a lawyer takes care of claims and the litigation process. Read on to learn more about how ERISA litigation works, and if you are experiencing problems due to a denied ERISA claim, contact McKennon Law Group PC for a free phone consultation about your case.

Does ERISA Litigation Take Place In Court?

Generally speaking, ERISA litigation is handled within the federal court system. If your life insurance was denied, the life insurance denial lawsuit will be filed initially within the state court system, and then will more than likely be transferred over to a federal court. There are time limits that govern when you can and cannot file an ERISA litigation claim, so check the specifics of your individual coverage plan to be sure–or hire an attorney to make sure you don’t miss any important deadlines.

How Are ERISA Claims Handled In Court?

When you undergo an ERISA claim trial, the process is much different than if you were in criminal case proceedings or even civil case proceedings. One of the reasons why these cases are different is that ERISA court judges decide the outcome of that case simply based upon the pleadings filed with the court. The court reviews all relevant records and uses that as evidence to make the decision of whether or not you are entitled to the ERISA claim money. It is the responsibility of the judge to decide if the insurance company was acting in bad faith when denying your ERISA claim, or if they had the right to deny the claim.

What Steps Do I Have To Take Before Filing An ERISA Claim?

Before filing an ERISA claim, be sure to contact a Newport Beach, California ERISA attorney to supervise and assist you in filing a successful claim. It’s crucial to have a qualified insurance attorney look over all important documents to ensure you have a strong claim. If your claim was wrongfully denied, you could be missing out on money that is rightfully owed to you, and you shouldn’t have to fight for it alone. McKennon Law Group PC has the skill and experience to help you fight back against a bad faith insurer who wrongfully denied you money.

Before you file an ERISA lawsuit, you have to file an administrative appeal first. This is a mandatory first step before you attempt to pursue litigation. Be sure to file this appeal by the pre-designated deadline. This deadline is often sixty or one hundred and eighty days from the date on the letter of benefits denial.

How Do I Recover Benefits On Behalf Of My Lost Loved One If My ERISA Claim Was Denied?

As long as you can prevail in your ERISA litigation and file a successful claim, you can recover the death benefits you were wrongfully denied. As you may already know, this process can be difficult, so it’s best to do so with the help of a Newport Beach insurance attorney by your side. There are many important steps and documents that must be filed in a timely manner, so never gamble with the outcome of a case by attempting to handle all the small details on your own.

Getting the money you deserve, as your loved one intended, is crucial, so call a lawyer as soon as you discover your benefits have been denied. At McKennon Law Group PC, our team of attorneys have extensive experience helping California residents in this situation, and will fight on your behalf to get what you deserve.

Schedule A Free ERISA Claim Consultation Today With McKennon Law Group PC

The attorneys at McKennon Law Group PC understand the unique laws that surround ERISA and how this federal law can protect you from missing out on your loved one’s financial benefits.  For more information, schedule a free consultation with our law firm. We help clients throughout California and nationwide.