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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.
Read MoreERISA rules are different from regular insurance and court rules. 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 and thats where an Erisa benefit claims lawyer can help. 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.
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 are applying for ERISA benefits, or have applied and been denied, you should consider asking an ERISA benefits lawyer. You should get that attorney involved as early as possible so they can help you with your case.
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.
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?”.
We Want to Help with Your ERISA Benefits Claim
At Eric Buchanan and Associates, PLLC, our ERISA benefit claims lawyer 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.
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.
Eric Buchanan & Associates is proud to be a Veteran-Owned and Led business. Before law school, Eric graduated from the Virginia Military Institute and served as an officer in the U.S. Navy from 1989 to 1994 where he served as a naval aviator, pilot-in-command, and mission commander of P-3C Orion sub-hunting aircraft. Among other positions, Eric served as his squadron’s legal officer, for which he was awarded a Navy Achievement Medal.
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Eric's team of benefits and disability lawyers in Chattanooga, Tennessee can help you as it has already done for thousands of other disabled people nationwide.
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