Representing You In ERISA Claims Denials
ERISA plans fill two critical roles in the claims administration process – issuing claims decisions and paying benefits. This creates a structural conflict of interest between a plan and its beneficiaries as the plan administrator has a financial incentive to prioritize its own interests. If the plan administrator does so, it may be abusing its discretion and its decision may be overturned. If your ERISA claim is improperly denied, you may be able to recover your benefits, interest on the benefits due and attorneys’ fees.
The attorneys at McKennon Law Group PC in Newport Beach, California, have a deep understanding of the issues related to ERISA. If your ERISA claim was improperly denied, we are prepared to help you. With experience and knowledge, our team will help you appeal or litigate the insurance company’s decision and inform you of any deadlines that must be met.
Skilled And Aggressive Attorneys
In our decades negotiating and litigating with and against insurance companies, our attorneys know what to expect when they improperly deny your claim. A plan administrator may abuse its discretion by:
- Placing greater weight on a “paper review” of the insured’s medical records than the reports of treating physicians.
- Relying on an exclusionary clause which is not conspicuous, plain and clear to the insured.
- Unreasonably delaying or withholding benefits due under the policy.
- Requiring “objective” medical evidence of complaints that are inherently subjective.
- Discontinuing disability benefits without substantial evidence of improvement.
- Ignoring the Social Security Administration’s finding of disability.
- Failing to engage in a “meaningful dialogue” with the claimant by explaining the basis for the denial in clear language with specific references to the plan provisions that form the basis of its denial.
We can help you. Assertive, skilled and persistent, our insurance litigation attorneys represent policyholders and ERISA claimants on a contingency fee basis, meaning we do not recover unless we obtain a favorable settlement, judgment or verdict at trial for your case.
Talk To Us During A Free Consultation
If you suspect that your ERISA claims were improperly denied, then you must contact McKennon Law Group PC in Newport Beach, California. For more than 30 years, we have represented clients from throughout Southern California and the state. We are nationally recognized in understanding ERISA. For a free initial consultation, please fill out this online form or call 1-800-682-4137.