If you are being denied benefits or information about the benefits plan that covers you through your employer, you may need legal help from a Phoenix ERISA lawyer at Weiler Law PLLC. Employers often provide medical care benefits, long-term disability benefits through an insurance company policy, and retirement plans for workers. ERISA is a federal law that regulates these plans and protects the retirement assets and other plan benefits afforded to employees. This law applies to group benefit plans sponsored for employees by employers in the private sector. It does not apply to government or church employers.
ERISA is a complex law outlining many rules and procedures to which employers must comply. Our firm provides legal help to employers in compliance and other issues. We also represent individuals whose benefits have been denied or wrongly terminated. The procedure for making an ERISA-related claim, such as for the denial of long-term disability benefits, is a complex one that requires the skills, thoroughness, and tenacity of an experienced litigator. At Weiler Law PLLC, our team has a strong civil trial practice in which we have gained invaluable experience that can be used on behalf of your ERISA claim.
ERISA Benefits Cases in Phoenix
When employers establish group-sponsored benefit plans for their workers, they generally fall under the ERISA law.
Among the many features of ERISA are the following:
- Participants in the plans must be given correct information about the benefits and features of the plan as well as who is funding it.
- Plan administrators are held to strict fiduciary duty responsibility and must follow ERISA rules designed to prevent the misuse of plan assets.
- Plan participants are granted the right to sue for breach of fiduciary duty.
- If denied benefits, plans must provide claimants a process for appeal.
- Plan participants are granted the right to sue for benefits.
Long-Term Disability Claims
Common ERISA complaints involve the denial of long-term disability benefits covered under employer-sponsored insurance policies. Insurers often engage in long delays before making a decision whether to award or deny these benefits. However, ERISA mandates a certain time period for making this decision. Should the insurer deny benefits, you must file your appeal with the insurance company typically within 180 days. If you fail in this deadline, you may lose your right to pursue your claim.
ERISA also restricts how long the disability insurer can take to make its decision on the appeal. Should you again be denied, you can bring a lawsuit against the insurer in federal court where a judge will review the appeal record. In these cases, you generally cannot submit new evidence or information into your federal lawsuit. This means that all of the evidence you will need to be effective must be submitted in the appeal documents which the federal court judge will evaluate. Ensuring that your appeal is strong, thorough, and comprehensive is essential which is why you should rely on our Phoenix ERISA attorneys.
Other ERISA-Related Cases
You may need an ERISA lawyer in other scenarios related to health care, disability, and retirement plans. For example, retirement benefits may be wrongly calculated, you may have issues regarding severance benefits, pension benefits may have been suspended for various reasons, or the insurer believes you are no longer disabled and has ended your disability payments. Many scenarios can arise for participants in these plans that call for the counsel of an attorney who is experienced in the complex ERISA rules and regulations.
At Weiler Law PLLC, our capable attorneys focus primarily on employment law-related issues which are commonly governed by federal laws such as ERISA. If you need legal help with your ERISA issue or claim, we provide aggressive and efficient representation.
"If I ever have an employment law dispute like retaliation, I will contact them again."Kevin W.
"Everyone who worked with James pertaining to my case was AMAZING as well."Saquitta H.
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