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San Jose ERISA Lawyer

San Jose ERISA Lawyer

Skilled ERISA Lawyers Proudly Serving Clients in San Jose, California

At Kantor & Kantor, our top-rated San Jose ERISA lawyers have extensive experience handling a wide range of claims covered by the Employee Retirement Income Security Act (ERISA). If you or your family member is having trouble getting full ERISA benefits, we are here to help. You need to be prepared to act quickly to protect your rights. To get expert help with your claim, please contact our San Jose ERISA lawyers today for free legal advice.

Understanding ERISA Claims and Appeals

Application: The ERISA claims process starts with your application. When submitting your application, it is important to follow all of the requirements of your specific policy. One of the biggest mistakes claimants make is failing to present sufficient evidence. Please be sure that all relevant evidence is included with your application.

Claim Review:  ERISA requires that insurers make decisions within 45days. If your insurer needs more time to review your claim, then it must update you on the status of your application within the first 45 days. At the end of this claim review stage, you will receive a written letter. If your claim was denied, then the insurance company is legally mandated to provide you with a clear and concise explanation of that denial. Unfortunately, in practice, insurance company language can be difficult to parse.

Administrative Appeal: If your ERISA claim was denied in San Jose, you should reach out to an experienced Bay Area ERISA lawyer as soon as you receive the denial letter. The sooner you take action, the better off you will be. The next step in the process is filing an internal appeal. You must file this appeal before you can file any type of lawsuit. Please note that you only have 180 days to appeal. If you do not act, you may not be able to recover your benefits at all. Please be sure to get help from a San Jose ERISA lawyer; you should not submit an administrative appeal without legal representation.

ERISA Litigation: If your internal appeal does not lead to a full and fair settlement offer from the insurance company, you may need to take your case into federal court. Under ERISA rules, you have the legal rights to file a lawsuit after a decision has been rendered on your administrative appeal. Our San Jose ERISA lawyers are prepared to represent clients through litigation.

Contact Our San Jose ERISA Lawyers Now

At Kantor & Kantor, we take pride in being strong advocates for ERISA claimants in California. If your ERISA claim was denied in Santa Clara County, please contact our San Jose ERISA lawyers today for a free, no-obligation case evaluation. We will work tirelessly to help you maximize your benefits.


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