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We all work hard hoping that when the day comes, we will be able to live comfortably in retirement. In the modern world, retirees typically rely on multiple sources of income. If you have a retirement plan, you are likely counting on those benefits as a necessary part of your overall income. Unfortunately, claimants are sometimes stunned to find that their retirement claim has been denied. At Kantor & Kantor LLP, our Palo Alto ERISA attorneys understand just how financially disrupting a retirement claim denial can be. Our team has the skills and experience necessary to help you fight back and recover the full and fair benefits to that you rightfully deserve.
Your retirement plan claim may have been denied for many different reasons. For claims governed by ERISA, an appeal can only go to court once all administrative remedies have been exhausted. Once you receive your initial denial letter, you will have 60 days to submit an administrative appeal. This appeal will be reviewed and, if you receive another denial, you will then have the legal right to file a lawsuit in relation to your claim. Many people wait until this point to get an attorney involved in their case. However, this is a serious mistake. You should have a qualified attorney by your side after receiving an initial denial letter.
If your retirement plan claim has been denied, you will receive an official written letter stating why an adverse determination was made and what you need to do next to make an administrative appeal. However, there is something extremely important that you will not be told in your denial letter: The evidence in the insurance company’s file is the only evidence that will be considered in court if you file a lawsuit. In other words, if you fail to properly submit important evidence at the appropriate time during the appeals process, you will almost always lose out on the right to use that evidence. There are very few exceptions to this rule. Far too many valid retirement plan claims are denied because supporting evidence never makes it into the case file. This is why you need to get an experienced attorney involved in your case immediately after the initial claim denial. Your attorney will be able to assess the unique circumstances of your claim and determine exactly what steps need to be taken to protect your rights and seek a timely resolution.
At Kantor & Kantor LLP, our experienced ERISA lawyers have handled a wide variety of retirement plan claims. If you are having trouble obtaining your retirement benefits in Palo Alto, please contact our office today to learn more about what we can do for you. We offer initial case evaluations free of charge.
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