Oct 17, 2018
There are many areas of the law in which you may not need an attorney. Dealing with a contested disability or life insurance claim isn’t one of them.
Do you receive life or disability insurance through your employment? If you do, chances are that your rights to life insurance benefits or disability income are subject to the federal Employee Retirement Income Security Act, or ERISA. Perhaps you are seriously injured in an accident outside your workplace or you develop a chronic or debilitating illness. Perhaps a family member dies. If your claim for life or disability benefits is denied, you’ll likely have to wrestle with ERISA. And you have an uphill battle on your hands.
The law firm of Brian S. King helps those who must secure a financial future for themselves and their families through the complex legal process of ERISA. In addition to helping obtain life and disability benefits for accidents, the law office helps those with serious and long-term medical conditions get the insurance payments they need to carry on with their lives.
Considering how many people are affected by this statute, it is surprising that most people know so little about ERISA. In fact, unless you or someone you know has had a substantial claim denied and or you work in the insurance or human resources industries, you have likely never heard of ERISA.
Originally, this statute was designed to protect the pension, health, life and disability benefits offered to employees by their employers. But since its passage in 1974 ERISA has steadily evolved into a shield for business and insurance interests, and an obstacle course for employees and their families.
There are many quirks of ERISA about which most people, including most lawyers, simply are not aware. Retaining a lawyer who is aware of the nooks and crannies of ERISA often means the difference between winning and losing a case. One of the most important is to recognize that for most claims brought under ERISA, the claimant must exhaust the pre-litigation appeal process before filing a lawsuit.
This means that the claimant must present all the facts and arguments that justify payment of the claim to the insurer before filing suit. If you do not do this, the court will likely not consider any facts or arguments you seek to present for the first time in litigation. In addition, there are short time frames within which a claimant must file an appeal of a denied claim. Generally speaking, an appeal of a denied claim for benefits must be filed within 180 days of the date the claim is denied.
As a result of these aspects of ERISA, it is important to get an attorney with knowledge of the statute working with you as soon as possible.
The Law Office of Brian S. King works with you to ensure that your claim is properly appealed and, if necessary, to put you in the best position to pursue your claim in litigation to obtain the benefits to which you are entitled.
Awarded: $115,000 Disability Claim