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ERISA is a complex federal law that regulates employer sponsored health and welfare plans. In the unfortunate event that you become disabled and are unable to return to your job, you may be able to recover benefits under this type of plan. Sadly, insurance companies often make recovering compensation very difficult for plan beneficiaries. If you have had your claim denied, we can help. At Kantor & Kantor LLP, our compassionate Foster City ERISA lawyers are ready to fight aggressively to help you recover every penny that is owed to you.
If your employer sponsored group benefits plan is covered by ERISA, you need to be fully prepared to deal with the unique challenges that come with the ERISA-mandated claims process. Put simply, this process is highly structured, and while it has been designed to help protect the rights of plan beneficiaries, the big insurance companies are now very skilled at working the system to their own benefit. One of the most important things that you need to know is that you will only have 180 days to file an appeal after receiving your initial denial letter. From the moment you get that letter, you need to spring into action. Do not waste any time; you should immediately get your claim into the hands of an attorney who can help you prepare a strong appeal.
No appeal will ever be successful without supporting evidence. Ultimately, every legal case must be built on a sturdy foundation of evidence. For example, if you are bringing an appeal in a California ERISA disability case, you will need to present evidence that directly addresses the insurer’s excuse for denying your original claim. This evidence might include medical records, a statement from your doctor, testimony from a vocational expert, and much more. Notably, you need to get this evidence into the administrative record when you file your internal appeal with the insurance. If the insurance company rejects your appeal, you will have the legal right to file a lawsuit. However, when you bring this type of lawsuit, the court will only be allowed to review your claim using the evidence that you have already submitted to the insurance company. If you leave something out, you will lose the chance to use it in your case.
At Kantor & Kantor LLP, our Foster City ERISA disability lawyers can help you obtain the full benefits you deserve. If your claim was rejected, please call us today at (510) 992-6130 to schedule your free, no obligation initial legal consultation.
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