Will Your ERISA Claim Be Approved or Denied?

Retirement, pension, and insurance plans that are offered by private-sector employers are governed by the Federal Employee Retirement Income Security Act of 1974 – ERISA. To secure benefits through an ERISA-governed plan or program, the first step is submitting an application or claim.

It is wise to have a claims attorney at the McKennon Law Group PC advise you from the very beginning about filing an ERISA claim. An attorney can ensure that your paperwork is accurate and complete, that you have met the deadlines, and that nothing on your end will delay your benefits or result in your claim’s rejection.

If you have been seriously injured or permanently disabled and you cannot work, making a health, accidental death or disability insurance claim under ERISA will be imperative. You will need to have that claim approved quickly and without needless delays. We can assist you so that you avoid the landmines waiting for you when you file your health, accidental death or disability insurance claim.

Why Are ERISA Claims Often Denied?

You will not be surprised that many ERISA claims are denied. Some claimants fail to provide any or adequate documentation in support of a claim. At a minimum, for ERISA health or disability insurance claims, you will need to include certifications or statements from your medical providers and copies of any relevant medical bills or records. Having properly prepared personal statements are also crucially important.

Another mistake to avoid is inaccurately estimating or misreporting your personal financial information. Few people commit intentional fraud, but anyone can make a math mistake or enter a figure on the wrong line of a form or application. However, if you overestimate your income, you may not qualify for the health or disability benefits that you are claiming.

How is an ERISA Claim Approved?

The way to know if your ERISA claim will be approved or rejected is by seeking the advice of an ERISA claims attorney from the start. In many cases, your attorney will quickly be able to tell you if you qualify to file an ERISA claim and whether or not your claim is likely to be approved.

For a health or disability insurance claim under ERISA, an attorney at the McKennon Law Group will also ensure that you have included adequate medical documentation for your claim as well as the necessary personal financial information.

If there is any reason why your claim might be denied, your attorney will tell you and help you understand your options. When a claim governed by ERISA is rejected, the appeal process becomes critical.

If Your ERISA Claim is Denied, What’s the Next Step?

You must appeal quickly – and present all of the evidence that supports your claim – because if your appeal is unsuccessful, and you move forward with a lawsuit, you and your attorney will not be allowed under ERISA guidelines to introduce additional new evidence with your lawsuit. The appeal is your last opportunity to introduce evidence for a court’s eventual consideration.

An ERISA attorney at the McKennon Law Group can handle your appeal and represent you if a lawsuit is necessary. We routinely handle ERISA claims, appeals, and lawsuits on behalf of California workers and their families. We have advised and represented clients in California insurance disputes for more than seventy years.

Schedule a no-cost, no-obligation legal consultation to learn more about ERISA, ERISA claims, and your rights. Call the McKennon Law Group today at (800) 682-4137. Our offices are located in Newport Beach, San Diego, San Francisco, and Los Angeles.