hat is ERISA?
According to the U.S. Department of Labor, “the Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans”. ERISA covers employer-sponsored medical, disability, and other benefit programs. Under ERISA, plan participants and beneficiaries may seek relief for breaches of fiduciary responsibility, denial of benefits, or failure to provide adequate disclosures of plan terms or benefit changes.
Over time, it has evolved to protect insurance companies much more than claimants. It is truly saddening to inform clients who are already enduring the stress of a disabling condition about the complexities of ERISA and how insurance companies truly operate. We, at Jerome Gibson, P.C., encourage you not to give up your rights to benefits or allow the insurance companies to mislead you in any way. Our experienced ERISA attorneys and staff are here to fight for your rights.
What You Need To Know About ERISA:
An appeal is required before you can file a lawsuit, and lawsuits under ERISA are largely limited to the evidence you provided in the appeal. This alone, is the reason why getting help early in the process is important. If your benefits were denied, you must appeal. Even the strongest appeals are denied by the very insurance you trust to cover you when needed. Insurance companies may also have a financial conflict of interest as they are both paying your claim and making determinations about benefits. If this conflict exists, even valid claims will be denied in the hopes of discouraging claimants and ultimately forcing them to abandon the process.
Need Help With Your ERISA Claim? Call Us Today.
The ERISA process is daunting and requires knowledge and experience in navigating through the legal system. If you or anyone you know is dealing with an ERISA issue, please reach out to Jerome Gibson, P.C., as we are here to fight for your rights. Call us at (602) 254-8481.