Claims Under ERISA
Helping Policyholders With Employer-Sponsored Insurance Claims
I am insurance attorney Jon Michael Smith. 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, also known as ERISA.
What You Should Know About ERISA And Your Insurance Claim
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 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 Complex. Let An Experienced Lawyer Handle Your Claim.
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 — and 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 in-depth knowledge to share it with you. I never resort to “legalese;” I explain things clearly and candidly so that you understand your options.
Understanding 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 ensure that you meet the deadline and include all of the information that is required 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 ensure that you recover the maximum amount available to you under the plan and the law.
Contact My Office To Discuss Your 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 today.