Los Angeles ERISA Denial Attorney

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The Employee Retirement Income Security Act, or ERISA, codified in 29 USC § 1001 et seq., protects employees by regulating employer benefit plans.  An employee can file a claim or ERISA appeal by following rules set out by the insurance/group policies and ERISA.  To issue a denial notice, an insurance company typically sends its policyholder a letter stating its denial decision and the underlying reasons.  This denial notice must also follow the regulatory standards set out in the ERISA and the Code of Federal Regulations, at 29 CFR Sec. 2560.503-1.  Insurance companies, anticipating that individuals (and even many attorneys) are unfamiliar with this complex area of ERISA law, often issue denials for inappropriate reasons.  For example, insurance companies inappropriately require a claimant to provide “objective” evidence of their disability, even if that is not a specific requirement of the ERISA plan.  Claims administrators use this “requirement” to deny valid claims that are primarily based on subjective complaints, such as pain or mental-nervous conditions.  They use this inappropriately narrow definition of “disabled” to improperly find that a beneficiary is no longer eligible for benefits.  Our FAQ section contains a very detailed discussion of this and the many ways insurance companies and ERISA plans deny ERISA claims.

Experienced ERISA attorneys like the McKennon Law Group can identify problems with the claims administrator’s and/or insurance company’s denial decision and dispute the ERISA denial in litigation.  When confronted by experienced ERISA attorneys, insurance companies will often reverse their earlier decision and approve the ERISA claim without litigation.

With over 40 years of combined experience litigating ERISA cases, McKennon Law Group attorneys can guide you through the ERISA appeals and ERISA litigation process.  Currently, most of our practice is dedicated to ERISA insurance and insurance bad faith law.  The attorneys at McKennon Law Group stay current with the latest ERISA law developments and publish ERISA articles on their California Insurance Litigation Blog.

If you would like to appeal your insurance plan’s denial decision, please call (949) 387-9595.  During a free consultation, an experienced attorney will evaluate your ERISA denial and discuss your options for appealing your denial.

Call or email us to schedule a free consultation.