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The Employee Retirement Income Security Act (ERISA) is a 1970s-era federal law that regulates a large majority of employer backed health insurance and group benefits plans. Under this law, claimants have important legal rights.
Unfortunately, over the years, the big insurance providers have become more aggressive in rejecting ERISA claims. At Kantor & Kantor, our top-rated Foster City ERISA lawyers have the skills and knowledge needed to help ERISA beneficiaries get their full benefits. If you are having trouble getting any type of ERISA benefits in Northern California, please do not hesitate to contact our law firm to schedule a free, no obligation claim evaluation.
To start your Foster City ERISA claim, you must first prepare your initial application for benefits. It is imperative that you follow the specific procedures for your type of claim. Even small mistakes early on in the process can cause you considerable headaches as your benefits could be delayed or even denied.
Under ERISA regulations, the insurance company is required to send you a decision within 45 days of receiving your application. This 45-day deadline is subject to two 30-day extensions. The extension is automatically granted, though the insurance company is required to send you notice if it needs more time to review your file.
You should receive a written decision in the mail. Ideally, the decision will describe when you will start getting your benefits. In the unfortunate event that you do get a denial letter, that letter should explain exactly why the insurance company has decided to reject or underpay your claim.
If you wish to appeal your denial, you must do so within 180 days. Your initial appeal will be an internal appeal with the insurance carrier. With this appeal, you should be sure to include any additional supporting evidence that you can get your hands on. It is highly recommended that you consult with a Foster City ERISA lawyer before submitting your administrative appeal. Your lawyer will be able to help you bring a strong claim, and even negotiate with the insurance company so that you can get your full benefits more quickly.
At Kantor & Kantor, our Northern California ERISA attorneys have helped many claimants get the full benefits that they are owed under the terms of their plan. If your ERISA application was rejected in Foster City, CA, please call us today at (510) 992-6130 to request a free, fully confidential evaluation of your case.
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