Call For A FREE Case Evaluation 510.992.6130

East Bay Retirement Plan Attorneys

East Bay Retirement Plan Claims

While retirement plan claims can come in many different forms, they all share one central characteristic: The retiree is often provided with less in benefits than he or she rightfully deserves. In many cases, the retiree is actually offered no benefits at all. This can be financially devastating, as most people who have retirement plans have planned their entire financial lives around those benefits being available. If your retirement plan claim has been denied, you are not out of luck. To ensure that your legal rights and financial interests are adequately protected, you need to speak to an experienced East Bay retirement plan claims lawyer today.

How the ERISA Claims and Appeals Process Works

The Employee Retirement Income Security Act of 1974 is a federal law that regulates many retirement plans as well as the general claims and appeals process. Claimants need to understand the basic timeline involved with filing a claim, and if necessary, an appeal:

  • Step 1: The initial claim – When you file your initial claim, you should expect a response in 90 days. The response will either be a decision on your claim or it will be notification that another 90 days will be needed to assess your application.
  • Step 2: Understand the decision – When you get your decision, you need to understand it. In the event that your claim was denied, you should receive a written letter that states precisely why an adverse decision was reached.
  • Step 3: File an appeal – Your appeal must be filed within 60 days. After filing, you should expect an update on the appeal in another 60 days. Once again, this update may be a decision on the appeal or it may be notification that a 60 day extension is required to assess your case.
  • Step 4: File a lawsuit – Finally, if your appeal was denied, you can file a lawsuit and take your case to court. This can only be done after you have gone through the process of filing an initial claim and an administrative appeal.

Was Your Claim Denied? Get a Lawyer Involved Now

Far too many claimants wait until step 4 in the process to consult with an attorney. While this is understandable, it is also a serious mistake. The insurance company will not tell you this, but, with limited exceptions, the only evidence that will be considered in your lawsuit is evidence that has been provided during the administrative appeals process. This means that if you failed to submit evidence during step 3 of the ERISA appeals process, that evidence will likely be barred from consideration in any future lawsuits. The bottom line is simple: if you do not yet have an attorney, please seek one out today.

Contact Our Team Today

At Kantor & Kantor LLP, we help retirees recover their benefits throughout the East Bay. Our attorneys have extensive experience handling a wide variety of retirement plan claims. If your claim has been denied, please get in touch with our team today to see how we can help you. We offer free initial case evaluations.

Get The Help You Need Today