San Mateo ERISA Attorney
Representing Applicants Who Have Had Their ERISA Claim Denied in San Mateo
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that governs the legal claims related to most employer sponsored group welfare benefit plans. If you have filed a claim under this type of plan, whether for your disability benefits or any other type of benefits, and you believe that your application has been wrongly denied, you need to take action. At Kantor & Kantor LLP, our dedicated San Mateo ERISA lawyers are standing by, ready to fight aggressively to help you recover every dollar that you deserve.
Understanding the ERISA Claims Process
If you are filing for benefits under your ERISA plan, you will be required to follow a very strict claims process. For all plan applicants, it is imperative that they have a full understanding of the basics of the filing process. More specifically, San Mateo ERISA plan beneficiaries should be aware of the following five steps:
- Application: Your claim begins when you submit an application to the insurance company. It is crucial that you make sure that your application is carefully completed. You do not want to give the insurer any excuse to reject your claim.
- Review: Upon receiving your application, the insurance company will initially have 90 days to review the filing. After 90 days have passed, the insurer must send you an update on the status of your claim. This update will either be a decision or a notification that the insurer needs an additional 90 days to make a ruling.
- Decision: If your application is approved, you will immediately start receiving your benefits. If your decision letter is a denial, then you need to be ready to fight for your benefits. Under the ERISA regulations, insurance companies are legally required to explain the exact reasoning as to why the claim was rejected in their denial letter.
- Internal Appeal: From the date you receive your denial letter, you will have 180 days to file an administrative appeal. At this time, you need to get an attorney involved in your case. If you merely submit your same application a second time, your claim is very likely to be denied again. You need to get additional, supporting evidence into your claim file.
- Lawsuit: If your administrative appeal is not successful, your next option will be to file a lawsuit to seek your benefits. Courts have interpreted ERISA’s rules as requiring you to go through the full internal appeals process before you can file a lawsuit.
Contact Our Team Today
At Kantor & Kantor LLP, our firm has a proven track record of success in handling ERISA claims. For assistance with your ERISA case in San Mateo, California, please do not hesitate to contact us today at (510) 992-6130 to request your free, no obligation initial legal consultation.