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Bay Area Retirement Plan Lawyers

Bay Area Retirement Plan Claims

For many people, anticipated benefits from an employer sponsored retirement plan is a critical part of their overall retirement planning. When the time comes for you to access these benefits, you expect them to be there. Unfortunately, many claimants are surprised to find that their retirement plan claim has been denied. This can create tremendous stress and huge financial challenges. At Kantor & Kantor LLP, our retirement plan claims lawyers help people throughout the Bay Area fight back against a denial. Our team is ready to help assist you through a claims process that is often long and complex. We will also provide you with aggressive legal representation to help you recover the retirement benefits that you deserve. 

Understanding the Basics of the ERISA Process

Many, but not all, retirement plans are governed by the Employee Retirement Income Security Act of 1974 (ERISA). This federal law sets forth standards that plan administrators must follow and also provides claimants with an appeals process. The basic timeline of the ERISA claims process is as follows:

 

  • Claim review: Once you submit your claim, it will be reviewed for a period no longer than  90 days. After 90 days, you should receive an official letter in regards to your claim. In some cases, this will be your initial decision letter; in other cases, it will be notification that your claim will take an additional 90 days to review.
  • Initial decision is made: When the review is complete, you should receive your decision in writing. If your claim has been denied, you can then seek an administrative appeal.   
  • Timeline to file appeal: You will have 60 days to file your administrative appeal.
  • Review of appeal: Your appeal will then be reviewed for a period 60 days, with a possible additional 60 day extension if deemed necessary.  
  • Ability to go to court: If your claim has been denied following the administrative appeal, you will have the legal right to file a lawsuit. To reiterate, a lawsuit can only be filed once you have gone through the full extent of the administrative process.

You Need to Get an Attorney Involved After the First Denial

The single biggest mistake claimants make is that they wait until it is time to file a lawsuit to seek out an attorney. This leads to many valid retirement claims getting denied. Please do not let this happen to you. Here is what the insurance company is not telling you: The information in your case file as of the date of the final decision is the only information that the court will consider during a lawsuit. In other words, if you have not submitted the correct evidence in a timely manner, that evidence will usually never make it into the courtroom.

Our Experienced ERISA Lawyers Can Help

At Kantor & Kantor LLP, we help retirees recover their benefits throughout the Bay Area. If your claim for retirement benefits has been denied, please contact our team today to learn more about what we can do for you. We will review your case for free, with no further obligations to you.

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