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If you are covered by your employer’s Employee Retirement Income Security Act of 1974 (ERISA) regulated plan, you have certain legal rights and certain responsibilities. In the unfortunate event that the insurance company denies your application, whether it is a disability claim or any other type of claim, you need to take action to protect yourself. You must get your case into the hands of an experienced Daly City ERISA lawyer as soon as possible. Your lawyer will be able to assess the situation, and instruct you on exactly what you need to do next to obtain your benefits.
One of the key things that all California workers need to know about ERISA is that it sets up a very structured, formalized claims process. Should your disability benefits be denied by the insurance company, that insurer is legally required to send you an official denial letter explaining the precise reasoning as to why it made the decision. Then, you will have 180 calendar days to file an internal appeal. ERISA claimants must go through internal appeals process before they will have the legal right to bring any type of lawsuit.
Certainly, to win your ERISA disability appeal you are going to need strong evidence that supports your claim. This evidence can come in a wide variety of forms. Some typical examples of evidence that are key factors in California ERISA disability cases include:
When you file your initial ERISA claim, you should include all of the supporting evidence that you have. If your Daly City ERISA disability claim is denied, you must work to obtain additional evidence that specifically addresses the reasons why the insurer rejected your claim. Here is the secret that insurance companies will not tell you: In any future ERISA lawsuit, your case will be limited to the documents and records contained within your claim file. Put another way, if you fail to submit any important evidence to the insurance company during the internal appeals process, you will simply lose out on access to the evidence, potentially destroying your otherwise valid legal case.
At Kantor & Kantor LLP, we have extensive experience handling all aspects of ERISA claims. If your ERISA disability claim was rejected in Daly City, California, we can help. To schedule a free, no strings attached review of your case, please call our team today at (510) 992-6130.
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