ERISA Benefits Lawyer
ERISA Benefits Claims Attorneys
Many people don’t understand that benefits they are provided at work or from a union fall under a special area of law, and are not treated like normal contracts. Insurance and other benefits provided at work usually fall under a federal law called The Employee Retirement Income Security Act of 1974, or “ERISA.” ERISA covers two general categories of benefits, pension benefits and welfare benefits. Welfare benefits include almost all insurance policies offered through work, such as long-term disability insurance, life insurance, health insurance, accidental death and dismemberment or disability coverage, vision and dental insurance, long-term care insurance, and other similar benefits. Pension benefits include not only ordinary retirement benefits, but some pensions provide for benefits on account of disability or death. ERISA applies whether the benefits are provided through an insurance policy or a plan funded by the employer’s own assets.
If you have been denied any of these types of benefits under a policy or plan provided by your employer, there are many rules involved in appealing these case and taking them to court that are different from ordinary insurance and contract disputes. ERISA rules are different from regular insurance and court rules. One of the special rules about ERISA cases is that the person applying benefits must get all the information in to support his or her case before the insurance company of plan makes a final decision; otherwise, that information will not be considered by a court later on, if the claim is denied. Also, the rules in ERISA cases usually give the insurance company or decision-maker the benefit of the doubt in court, so that knowing what information to submit is crucial to successfully obtaining ERISA benefits.
Getting Help with Your ERISA Benefits Claim
If you are applying for ERISA benefits, or have applied and been denied, you should consider asking an attorney who is experienced in ERISA benefits to help you with your case, and you should get that attorney involved as early as possible. At Eric Buchanan and Associates, PLLC, our team has handled many ERISA cases, and is very familiar with ERISA’s special rules. Eric Buchanan regularly teaches other attorneys about ERISA, and how it works, and our team has successfully appealed ERISA cases and litigated ERISA cases in court. Also, in many ERISA benefits cases, we can help someone appeal a case properly without charging any up-front fee. Instead, in many cases, we don’t charge a fee unless our client recovers benefits or settles his or her claim.
ERISA is a complicated area of the law, where the insurance companies, unions, and employers know the rules. You need attorneys on your side who know the ERISA rules, and know what rights you have under ERISA. If you have any questions about your ERISA benefits, you should contact the team at Eric Buchanan & Associates, PLLC. We can answer your questions, protect your rights, and help get the benefits you deserve.
For a more detailed explanation of what it means if ERISA applies to your claim, read Eric Buchanan’s article, “What Does It Mean if ERISA Applies to My Insurance Case?”.