ERISA Appeal Process
How do I Appeal my ERISA Insurance Denial?
After you have filed your claim for accidental death and dismemberment benefits, life insurance benefits or short or long term disability benefits and your claim has been denied, you are stuck with the question of, now what? If you find yourself in this position, then there are certain steps that you must take. First, the denial from the insurance company must have been sent to you within 90 days of your claim being submitted. If you received the denial letter, it should contain the exact reason for the denial. In order to determine if the denial is founded or not, it will be necessary to obtain a copy of the policy language from the insurance company. Once you obtain the policy, review its contents to determine what is covered by your plan and what is not. If you decide that you have a decent argument that your case should have been paid, then submit an appeal to the insurance company, making sure to include all of the evidence that you have to prove your case. The process to appeal should be on your denial letter.
Once the insurance company receives your request for appeal, it has 60 days to issue a decision, or inform you that a 60 day extension is necessary. After that time, you should receive your decision.
Filing an ERISA Lawsuit in Federal Court
If your claim is still being denied at this point, then it will be necessary to file a lawsuit in Federal Court based upon the ERISA laws. It is sometimes advisable to report any failures to the Department of Labor concerning the denial or the review process.
The entire process for an ERISA appeal and claim process can be burdensome and overwhelming. It is also crucial that every part of the process is done correctly to ensure that you have a case that can be filed in Federal Court. By missing a deadline or by not including all of the necessary information in the appeal, then certain evidence may not be considered at a trial. For these reasons it is crucial that you consult with an experienced attorney at Joseph & Eugene, LLC to be certain that your claim is valid and to protect your rights moving forward.
Whether you are dealing with a life insurance claim that has been denied, an accidental death policy denial or a short or long term insurance denial, we can help. Our experience in these matters will give you a tremendous shot at winning your case and will help to ease your mind knowing that your rights are being fought for. The appeal process for ERISA claims is rigid and unforgiving. Be sure to know what you are doing when you decide to move forward.
Hire an Experienced Insurance Claim Denial Attorney
Our results speak for themselves. Our experienced insurance claim denial attorneys have never lost a case. At Joseph & Eugene, LLC our lawyers handle cases throughout Missouri and Illinois. Don’t delay if you have been denied your insurance claim. Contact our knowledgeable lawyers today at (314) 881-8338 or send us an Insurance Denial question. We look forward to hearing from you. All communications are returned promptly.
Joseph & Eugene, LLC
222 South Central Avenue, STE 1003
St. Louis, MO 63105