ERISA Benefit Filings: Steps to Reduce the Risk Your Claim Will Be Denied

The Employee Retirement Income Security Act (ERISA) was enacted in 1974 to set minimum standards for pension, retirement, and insurance plans provided by private-sector employers. If you need to file any type of ERISA claim, you should have the advice and services of an ERISA claims attorney at the McKennon Law Group from the very beginning of the process.

Applying for ERISA benefits is not easy. There is a mountain of paperwork and plenty of opportunities to make mistakes. Any mistakes you make when you file an ERISA claim could delay your benefits or even cause your claim to be denied.

How Can You Avoid Mistakes With an ERISA Claim?

An ERISA claims attorney can’t make the processing of your claim move faster, but your attorney can ensure that there are no mistakes in the paperwork and no misunderstandings that could delay your benefits or result in the denial of your claim. If your claim has already been denied, you will need an attorney who will handle your appeal aggressively and effectively.

Listed below are some of the most common mistakes that are made when claims are filed for ERISA benefits. You will be able to avoid these mistakes with the advice and guidance of the right ERISA claims lawyer.

Mistake #1: Assuming You Have Enough Evidence to Prevail With Your Claim

Do not assume, for example, that you will qualify for disability benefits just because your employer says you can’t work. Even your doctor’s opinion may not be final. It is the insurance company, and not your employer or doctor, that will approve or deny a health or disability claim under ERISA.

Mistake #2: Using Only the Forms That the Insurance Company Provides

With a health or disability claim, your doctor will complete some insurance company forms, but in many cases, that will not be enough to ensure your claim’s approval. Ask the doctor to write a comprehensive explanation of your medical condition that spells out why your health insurance claim or disability insurance claim should not be denied.

Mistake #3: Forgetting That Your Claim Will Be Investigated

If you file a health or disability insurance claim, follow your doctor’s orders, keep your follow-up appointments, and refrain from activities that your doctor forbids. Otherwise, an insurance company’s investigator may decide that you don’t really need the payout that you are claiming.

Mistake #4: Working With the Wrong Attorney

ERISA is a complicated federal statute with a number of restrictions, evidence rules, and strict deadlines. Even an attorney who handles workers’ compensation or personal injury cases may not have ERISA experience. The attorney who represents you should have abundant experience successfully representing clients in ERISA-related claims cases.

If you have filed an ERISA claim and it has been rejected, you will have to pursue an administrative appeal before you will be allowed to file a lawsuit. An ERISA attorney with the McKennon Law Group can provide personalized advice regarding the best way to proceed with your own case.

We Effectively Represent California Workers and Their Families

The McKennon Law Group has more than seven decades of experience advising and representing California workers and their families in cases involving insurance claims, and our attorneys have handled ERISA claims since the law took effect in 1974.

To schedule a no-cost legal consultation, or to learn more about ERISA and ERISA claims, call our law offices now at (800) 682-4137. The McKennon Law Group is located in San Diego, Los Angeles, San Francisco, and Newport Beach.