The Employee Retirement Income Security Act, otherwise known as “ERISA,” governs life insurance coverage for employees when the coverage is provided by an employer-funded plan. ERISA sets forth a very specific scheme for the administration of claims and for handling appeals from the denial of claims.
If your life insurance claim has been denied under ERISA, it is critical that you consult an ERISA life insurance attorney immediately. If you intend to appeal the denial of your life insurance claim, you will need an experienced ERISA lawyer by your side during the appeals process, not only to put forth your strongest arguments during the administrative appeal, but also to preserve your arguments for a future lawsuit in the event that your administrative appeal is unsuccessful.
At the law firm of Drost, Gilbert, Andrew, & Apicella, our attorneys have knowledge of the complex ERISA process, and experience handling these challenging cases. We will stand by you throughout the process and help you recover the benefits that you deserve.
You are entitled to know the specific reason that your plan administrator has given for the denial of your life insurance claim. This information is critical to appealing the denial of your claim. In order for your appeal to be effective, you must understand and comply with the strictures of the ERISA appeals process. Your appeal must be timely and you must be prepared before you undertake your appeal so that you create a solid administrative record and preserve your best arguments. An experienced ERISA attorney will maximize your chances of success in your appeal. The following three initial steps are critical to the success of your ERISA appeal:
1. First, file a notice of appeal to the proper plan administrator within 180-days of the denial of your claim.
2. Next, obtain a copy of your life insurance plan, so that you fully understand your benefits and the claim administration and appeals processes.
3. Then, obtain a copy of your entire claim record, including employment records, medical records, expert testimony, and communications between yourself and the plan administrator. With this information, you must determine the precise reason that your life insurance claim was denied. You may also discover mistakes that were made by the plan administrator that will help in your appeal.
– Sean O.
If your life insurance claim has been denied, it is important to have the assistance of competent legal counsel, before you begin your appeal. Contact Drost, Gilbert, Andrew & Apicella today to speak to an experienced ERISA life insurance attorney. We have offices in Chicago and the Northwest suburbs, and we serve clients throughout the greater Chicagoland area.
©2013 DGAA Law, LLC