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Are you covered under any type of ERISA-governed group health benefits or welfare benefits plan? Did you file a claim under this plan only to see the insurer refuse to pay you compensation? If so, you are not alone. Sadly, all too often, the big insurance companies wrongly deny or delay valid ERISA claims.
At Kantor & Kantor LLP, our dedicated California ERISA lawyers are standing by, ready to assist you. Our team has considerable experience handling all aspects of ERISA claims. If your benefits have been denied, please contact us today to find out exactly what we can do for you.
In the United States, many employer sponsored group benefits plans are regulated by a federal law called the Employee Retirement Income Security Act of 1974 or more simply, ERISA. This is one of the most complex pieces of legislation out there. The rules and regulations of ERISA have many important implications for people seeking their benefits. When you file a claim under an ERISA-governed plan, you should receive an update from the responsible insurance company or plan administrator within no more than 90 days. This update will either be an acceptance of your claim, a denial of your claim or a notification that an additional 90 days is needed to make an initial decision.
In the unfortunate event that you receive a denial, you need to take immediate action. Indeed, you must file an administrative appeal to keep your claim moving forward. Under the law, you only have 180 calendar days to file this appeal. If you fail to take action within this required time frame, you may lose out on your right to file an appeal at all. The bottom line is simple: If you get a denial letter, get your claim into the hands of an experienced California ERISA lawyer immediately.
The Administrative Record, or as it is sometimes called “the claim file” is one of the key parts of any ERISA claim. From the very moment you submit your initial application, all information regarding your case will go into the Administrative Record. Once the company issues its final decision, after the internal appeals process is completed, the Administrative Record will be closed. This means that should you need to file a lawsuit to fight for your benefits, your case will be limited to the documents and records contained within your claim file. To be clear, this means that you must submit every piece of favorable evidence to the insurance company as soon as possible. If you fail to do so, you may unintentionally damage your own claim.
At Kantor & Kantor LLP, our experienced California ERISA lawyers have helped many individuals obtain the benefits they deserve. If your claim was denied, please contact our team today to request your free initial legal consultation. We have offices in Alameda, San Francisco and San Jose and we represent ERISA claimants throughout Northern California.
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