California Insurance Attorneys Helping You Understand and Acquire ERISA Benefits
The Employee Retirement Income Security Act of 1974 – ERISA – is the federal law which establishes minimum legal standards for the group retirement, group pension, and group insurance plans offered by many private employers.
ERISA is a complicated law, and its complexities sometimes allow employers and insurance companies to take advantage of employees and unfairly deny their claims and benefits. If your ERISA-based insurance claim is denied, you should promptly seek the advice and services of a California ERISA claims attorney at the McKennon Law Group.
We’ve been advising and representing California employees and consumers regarding insurance claims for more than seventy years, and we’ve advocated on behalf of employees who are covered by ERISA plans since the statute first took effect in the 1970s.
Which Employers and Insurance Plans Are Covered By ERISA?
The Employee Retirement Income Security Act does not apply to public-sector government employers or to the employees of religious organizations. ERISA also does not apply to individual, privately-purchased insurance policies or to any program or benefit that is not offered by an employer.
ERISA applies only to private employers and employees. It does not require employers to offer insurance, pension, or retirement programs or benefits. Instead, the law merely sets some minimum legal standards for the programs and benefits that private-sector employers voluntarily choose to offer to their employees.
How Do ERISA Insurance Plans Work?
ERISA was put in place to ensure that the insurance, retirement, and pension benefits provided by employers will be there when you need them. However, the law has sometimes had the unintended effect of placing difficult legal barriers between employees and their benefits.
If an insurance policy is covered by ERISA, you must follow the ERISA guidelines when you file a claim. However, those guidelines limit your legal options, including your option to file a lawsuit promptly against an insurance company that denies your claim.
The courts generally require plaintiffs whose ERISA insurance claims have been denied to exhaust their administrative remedies before they may bring a lawsuit.
If Your Insurance Claim is Denied
If your ERISA insurance claim has been denied, you should consult a California insurance attorney at the McKennon Law Group – at once – and immediately appeal the denial of your claim.
At least one mandatory administrative appeal is required by ERISA before you may file a lawsuit directly against the insurance company, and several strict deadlines will apply. The California insurance attorneys at the McKennon Law Group have decades of ERISA appeal and litigation experience.
Learn More and Schedule a No-Cost Consultation
If your ERISA insurance claim has been rejected, we can prepare your appeal and ensure your compliance with all of the pertinent ERISA guidelines. If your appeal does not prevail, we can discuss your other options, which may include filing a lawsuit in federal court. U.S. District Courts have jurisdiction in all ERISA-related legal matters.
If your ERISA insurance claim has been denied, schedule a legal consultation – at no cost and with no obligation – to speak with a California ERISA insurance claims attorney at the McKennon Law Group. Call us at (800) 682-4137, or you can reach us by completing the contact form on this website. The offices of the McKennon Law Group are located in San Francisco, Los Angeles, Newport Beach, and San Diego.