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erisa claims Archives

When is COBRA a good idea?

There is good healthcare available in Texas, but it is unlikely you would be able to easily handle the cost on your own. Your employer's group health care plan provides a crucial safety net: If you or your family members were to get injured or fall ill, the financial burden of dealing with medical bills on your own could be enough to completely change your way of life. 

Filing an appeal after a denied ERISA claim

As a resident of Texas who has a long-term disability insurance policy through your place of employment, chances are, the tenets of the Employee Retirement Income Security Act of 1974 apply to your policy. Therefore, if you file a claim and receive a denial in response to it, you may be able to find a more favorable solution by filing an ERISA appeal. Attorney Jon Michael Smith has considerable experience helping employees file ERISA claim appeals, and he has helped many people facing similar circumstances pursue solutions that meet their needs.

Your rights under ERISA

Employers typically present group healthcare plans as important employee benefits during the hiring and contract negotiation processes. Unfortunately, Texas insurers are not always enthusiastic about paying up — even when the people make claims for benefits that are well within the scope of the policies.

What COBRA and ERISA mean for employees

Anyone who has received health insurance benefits from an employer in Texas has probably benefited — indirectly, at least — from the Employee Retirement Income Security Act of 1974. Some have also taken advantage of a prominent amendment to this federal law: the Consolidated Omnibus Budget Reconciliation Act.

Choosing between pension annuities or lump sums

Being laid off in Texas can cause a person to fret about providing for one's self in the future. For example, if you possess a retirement pension at your job, one of your concerns may be whether you can maintain that pension or if you can at least collect on the assets from it. Thanks to the Employee Retirement Income Security Act of 1974 (ERISA), basic protections for your pension are in place, although whether you can cash out your pension or maintain is still up to the employer who first set up your pension.

How can I increase my chances of winning a ERISA suit?

At times, Texas employees may file a claim with their insurer only to see it denied. If your insurance plan is covered by the Employee Retirement Income Security Act of 1974 (ERISA), this law provides for you to sue your insurance company in court to try and claim benefits you believe are unjustly being withheld from you. According to Findlaw, however, a plaintiff may miss out on convincing a judge of his or her claim if the judge does not receive the proper documentation.

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Jon Michael Smith Attorney

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