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The Employee Retirement Income Security Act of 1974 (ERISA) is an important federal law that regulates many employer-sponsored insurance plan claims. If you have a claim for benefits under such a plan, your rights and responsibilities will be affected by this law.
While ERISA was designed to provide protections to claimants, the big insurance companies have developed many tactics and strategies to work the law in their favor. To keep the playing field level, ERISA beneficiaries should work with a qualified legal professional.
At Kantor & Kantor LLP, our experienced San Carlos ERISA disability attorneys have helped to protect the rights and interests of many ERISA claimants in the Bay Area. If you or a family member has had a claim denied in San Mateo County, CA, please contact our legal team today.
Prepare Your Application: With ERISA claims, the first thing you need to do is prepare your application package. It is imperative that you submit a thorough and accurate application, with all required supporting evidence included. If you have any questions about your initial application, you should consult with a San Carlos ERISA attorney.
Await a Decision: The insurance company will have either 90 days or 180 days to review your application and make a decision. When a decision is made, you should receive official notification in writing. If your ERISA application is denied, that denial letter should explain exactly why a rejection was issued.
Submit an Administrative Appeal: In the unfortunate event that your claim is denied, you have the right to file an appeal. Your first appeal must be an internal appeal directly with the insurance company. Under ERISA regulations, you only have 180 days to submit your appeal. Please do not let this deadline pass without action. Call a lawyer as soon as you receive a denial letter.
File an ERISA Lawsuit: If you file an administrative appeal, and your claim is denied a second time, you still have options available. Indeed, at this point, you can take your case to court. ERISA litigation is incredibly complex; as such, if you are considering filing a lawsuit, you should contact a qualified San Carlos ERISA lawyer for advice.
At Kantor & Kantor LLP, our legal team has extensive experience handling complex ERISA cases. If your ERISA claim was rejected in San Carlos, CA, we can help. Our team will work aggressively to ensure that you get your full and fair benefits. Please call us today at (510) 992-6130 to request your free ERISA case valuation.
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