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East Bay ERISA Disability Attorney

East Bay ERISA Disability Attorney

Assisting Claimants Who Have Had Their Disability Claim Denied in the East Bay Region

At Kantor & Kantor LLP, our law firm was created to help people in the Bay Area obtain their ERISA disability benefits. Indeed, our East Bay ERISA disability attorneys have considerable experience handling these types of cases. We know the law and we know how to handle insurance companies and plan administrators. If you believe that your ERISA disability claim was wrongly rejected or wrongly delayed, our team is standing by, ready to help.

The ERISA Disability Claims Filing Process

Many employer sponsored group welfare benefits plans are regulated by a federal law called the Employee Retirement Income Security Act of 1974 (ERISA). If you are filing for disability benefits under ERISA, you need understand the basics of the filing process. More specifically, all East Bay disability claimants should be aware of the following four key steps of the claims process:

  • Claim review: When you first submit your claim, it will be reviewed by representatives of the insurance company. As a general rule, the company will have 90 calendar days to make a decision on your claim. Though, the company can get an automatic 90-day extension if it believes one is necessary.
  • Decision: When a decision is made, you should receive official notification by letter. In the unfortunate event that you get a denial letter, that letter should explain the exact reasoning as to why the insurer denied your claim.
  • Administrative appeal: To appeal an ERISA disability denial, you must start by working through your administrative remedies. Specifically, you must file an internal appeal with the insurance company within 180 days of getting your benefits denial letter.
  • Lawsuit: If your administrative appeal does not succeed, you will have the right to take your case to court. You can file an ERISA disability lawsuit to seek your benefits. To be clear, a lawsuit can only be filed after you have gone through the entire internal claims and appeals process.  

You Need to Get Evidence Into Your Claim File

If your case does make it into the courtroom, you will generally not be allowed to submit any new evidence or documents into the court record. In fact, your case will be almost entirely limited to the information that is contained within your claim file. This means that you need to submit all relevant evidence, documents, statements and records to the insurance company during your initial appeal. The failure to do so could seriously damage your ability to obtain compensation.

Get Legal Help Today

At Kantor & Kantor LLP, our California ERISA disability lawyers have helped many applicants obtain the full benefits they rightfully deserve under the terms of their plan. If your disability claim was denied, please contact our team today to schedule your free, no obligation case evaluation. We represent clients throughout the East Bay, including in Oakland, Alameda, Hayward, Concord and Fremont.

Get The Help You Need Today