Austin ERISA Lawyer

At my Austin-based law firm, I represent clients throughout central Texas who are engaged in disputes with their insurance companies. Many of my clients have obtained insurance through their employers, so they are subject to the Employee Retirement Income Security Act of 1974.

What You Should Know About ERISA And Your Insurance Claim

When insurance plans are provided by employers, they may fall under the jurisdiction of the Employee Retirement Income Security Act of 1974 - a law that is more commonly known as ERISA.

ERISA was intended to protect employees by ensuring that pension plans and other benefits such as insurance are managed responsibly by employers. The law works to make sure that employees actually receive the benefits they are expecting by keeping employers and insurance companies honest and practices transparent.

If you are having trouble collecting on an insurance claim, and the policy was purchased through your employer, ERISA may apply. ERISA law generally "preempts" (takes precedence over) state laws that can provide a higher level of protection to employees in situations in which an insurance company unjustly denies benefits.

ERISA is a complex federal law, however, and it is best to consult with an attorney who is familiar with both Texas state laws and federal law - as well as how those laws interact. Your lawyer should know the standard of review the court uses for ERISA claims, as well as the procedures and statutes of limitation. At my law firm, I have this in-depth knowledge and can share it with you. I never resort to "legalese;" I explain things clearly and candidly so that you understand your options.

Deadlines for Appealing ERISA Denials

When you receive a denial of a claim under an ERISA plan read the correspondence very carefully. It may contain wording giving you a deadline to appeal the decision with the insurance company or claims administrator. You may have to file an appeal within that deadline to maintain the right to sue the insurance company if the appeal is denied. You should consult with an attorney at this important stage to insure that you meet the deadline and include all of the information that you should in your appeal.

Suing the Insurance Company

If the insurance company denies all of your appeals then your only choice is to sue the insurance company. I have done that on many occasions. You should hire an attorney to sue your insurance company to insure that you recover the maximum amount available to you under the plan and the law.  correspondence very c

Contact Attorney Jon Michael Smith Regarding Denied Insurance Claims

To discuss insurance claims and other civil matters in Austin and the surrounding areas, contact me, attorney Jon Michael Smith, for a free and confidential consultation. Call 512-518-4584.