Protecting Employee Rights Under ERISA Law For 30 Years
Were you denied disability benefits through your employer? Did it refuse the benefits that you deserve? Did you receive a denial letter with the word “ERISA” in capital letters? It may not be the time to give up yet.
At the Kimsey Law Firm, P.A., our lawyer fights for the rights of the Tampa Bay area residents. He has 30 years of experience representing employees whose rightful benefits have been denied. If you have recently been refused disability benefits, our Employee Retirement Income Security Act (ERISA) attorney can fight for your rights to benefits.
Our Lawyer Knows The Ins And Outs Of ERISA Law
ERISA is a federal law that regulates the employee benefit plans of nearly all for-profit businesses in the United States. Our attorney has significant experience representing clients with disability insurance that falls under ERISA-governed employee benefit plans.
When a policy governed by ERISA does not immediately pay a client, our lawyer quickly and aggressively works to obtain benefits through the administrative process or federal litigation.
ERISA claims litigation is an extremely specialized area of law that requires specific knowledge on the administrative claims procedures and involves litigation in federal court. Our attorney litigates ERISA-governed claims, is well versed in the federal law and is admitted to practice before the United States District Courts.
Bring Us Your Questions About ERISA Law
ERISA provides employees with rights when they make claims on benefits plans covered by ERISA. Unfortunately, navigating plans covered by these legal standards can often leave workers with questions. Here are answers to a few of the most commonly asked questions that our firm receives about ERISA and how it operates.
What is ERISA?
The laws included in ERISA set minimum standards for employers who choose to offer health insurance, pension/retirement accounts and other types of employee benefits. Employers are required to abide by many organizational and administrative regulations, including:
- Producing summary plan disclosures for employees
- Submitting detailed reports to the federal government related to plan administration
- Providing notice to pension plan enrollees if a plan is going to be amended or eliminated
- Paying a portion of the company’s unfunded vested benefits if it intends to withdraw from a retirement plan
How do I know if my benefit plan is governed by ERISA?
Most private sector employees are covered by this act. If you work for a public sector employer, especially a government entity, then your benefit plans are not covered by ERISA. Also, some small businesses that have concerns about meeting ERISA’s requirements may choose not to offer benefit plans that are covered by the act.
How do I make a claim for benefits?
The law requires benefit plans covered by ERISA to have a reasonable procedure in place for making a claim. While this procedure may vary depending on your provider, your insurance provider should give you information about the claims process, including where you should send information about your claim and whether you must present your claim in writing.
What should I do if a claim covered by ERISA is denied?
The timeline for appeals begins the moment you file a claim for the first time. After that, in general:
- The claim administrator has 30 to 45 days (with extensions possible) to approve or deny your claim.
- You (the claimant) then have 180 days after the date of denial to appeal your claim.
- The administrator then has 45 to 60 days (plus possible extensions) to approve or deny your appeal.
- If your appeal is denied during an internal review, you have the option of filing a lawsuit to obtain your benefits.
Why do I need a lawyer to help me reverse an ERISA claim denial?
The internal review process is bound by strict deadlines, and the plan administrator will use their knowledge of ERISA and how it works against you if it intends to deny your claim. An experienced ERISA attorney can help you meet tight submission deadlines, gather relevant medical evidence, attend independent medical examinations with you and create a compelling administrative record during the internal review period. This record is often the strongest part of your litigation if you file a lawsuit and can mean the difference between winning and losing your case.
Let’s Discuss How Our Attorney Can Help
If you or a loved one faces denied disability claims, our lawyer is here to help. During a complimentary consultation with him, he will discuss the specifics of your case and give you an honest outlook of your choices.