Q. How can I afford an attorney?
A. Our initial consultation is an evaluation of your case, and it is free. We will explain whether you have a case with which we can assist, and the arrangement for the fee and case expenses. No charge until we have an agreement with you.
Q. Can a lawyer write a threatening letter and get my benefits?
A. Not often. It usually requires a lot more effort than that. Plans and insurance companies employ a number of people to help them deny your claim. They have doctors, nurses, lawyers and many other well-trained individuals. In order to successfully present an appeal, you must obtain the entire claim file. Often, parts will be unlawfully withheld without you knowing it.
A vigorous, in-depth and thorough review of your claim file utilizing legal and medical professionals is necessary to discover what is missing and to successfully pursue the benefits to which you are entitled. This may require medical, vocational and legal evidence. You should run, not walk, from any attorney who thinks a simple letter is all you need. A diligent, determined, and quality effort is required.
Q. The adjuster seems pretty nice on the phone. Doesn't he have to be fair to me?
A. In a perfect world, yes. However, the adjuster works for the company, not you. Denying your claim saves them money. They are not your advocate. You need your own.
You need an experienced ERISA litigator on your side to fight for the benefits you deserve.
Q. My claim was denied. Should I appeal it myself?
A. It is critical to hire an experienced ERISA attorney after your claim is denied. You should not appeal the claim yourself.
Insurance companies and administrators have language in their plans that give them the right to deny your claim for a wrong reason as long as there is some reasonable basis to support that wrong decision. Therefore, you need an experienced ERISA litigator to handle the appeal and make your claim record overwhelmingly strong in your favor. You may be stuck with your appeal file if you later want to file a lawsuit when your appeal is denied. If you didn't include all that could be there, your chances of winning a lawsuit drop significantly.
Hiring a lawyer experienced in ERISA law can greatly improve your chances of successfully appealing the denial and obtaining the benefits you deserve. They understand the complexities of ERISA regulations, can navigate the appeals process, and advocate for your rights.
Q. How do I know if I have a valid case for appealing my denied ERISA benefits?
A. An experienced lawyer can evaluate the specifics of your situation during a consultation. They will review the denial letter, plan documents, relevant records, and applicable laws to assess the strength of your case and provide guidance accordingly.
Q. What can a lawyer do to help me with my denied ERISA benefits appeal?
A. A lawyer can gather necessary evidence, prepare a strong appeal, navigate the appeals process, negotiate with the plan administrator or insurer, and represent you in legal proceedings if needed. They will advocate for your rights and work to secure the benefits you deserve.
Q. How long does the ERISA benefits appeal process take?
A. The duration of the appeal process can vary depending on factors such as the complexity of your case, the plan's response time, and the specific procedures outlined in your plan documents. An experienced lawyer can provide an estimate based on your circumstances.
Q. Can I handle the ERISA benefits appeal on my own without a lawyer?
A. While it is possible to handle the appeal process independently, having a lawyer by your side can significantly improve your chances of success. They understand ERISA regulations, can navigate the process efficiently, and advocate for your rights effectively.
Q. What if my ERISA benefits are still denied after the appeal?
A. If your benefits are still denied after the appeal, your lawyer can discuss further legal options with you, such as filing a lawsuit against the plan administrator or insurer. They will guide you through the next steps based on the specific circumstances of your case.
Q. Can a lawyer help me negotiate a settlement for my denied ERISA benefits case?
A. Yes, a lawyer can represent you in settlement negotiations with the plan administrator or insurer. They will leverage their knowledge of ERISA law and their understanding of your case to seek a fair and favorable settlement on your behalf.
Q. Can I get punitive damages?
A. Unfortunately, no. But, you can get more than the actual benefit.
The remedies generally allowed under ERISA are the lost benefits, interest on those benefits, attorney's fees, statutory penalties, and equitable forms of relief. Experienced ERISA counsel know how to make sure that you get all that you deserve.
Q. Why should I hire a lawyer if I have been denied ERISA benefits I believe I deserve?
A. Hiring a lawyer with expertise in benefits law can greatly increase your chances of successfully appealing the denial and obtaining the benefits you deserve. They will navigate the complex appeals process, negotiate with insurance providers, and, if necessary, pursue legal action through settlement, lawsuit, or litigation.
Q. How do I know if I have a valid case for appealing my ERISA benefit denial?
A. An experienced lawyer can evaluate the specifics of your situation during a consultation. They will review the denial letter, policy or plan documents, relevant records, and applicable laws to assess the strength of your case and advise you on the best course of action.
Q. What can a lawyer do to help me with my ERISA appeal?
A. A lawyer can gather and analyze evidence, prepare a strong appeal, negotiate with insurance providers or plan administrators, and represent you in settlement discussions, lawsuits, or litigation. They will advocate for your rights and work towards a resolution that secures the benefits you deserve.
Q. What if I cannot afford to hire a lawyer for my ERISA case?
A. There may be options available to you, such as legal aid organizations, pro bono services, or lawyers who offer payment plans. It's important to explore these resources and discuss fee arrangements with potential lawyers during the initial consultation.
Q. How long does the benefits appeal process take?
A. The duration of the appeal process can vary widely depending on factors such as the complexity of your case, the specific procedures outlined in your policy or plan, and the responsiveness of insurance providers or plan administrators. An experienced lawyer can provide an estimate based on your circumstances.
Q. Can I handle the benefit appeal on my own without a lawyer?
A. While it is possible to handle the appeal process independently, hiring a lawyer significantly improves your chances of success. They understand the nuances of benefits law, can navigate the process efficiently, and advocate for your rights effectively.
Q. What if my ERISA case is not resolved through the appeal?
A. If your appeal is unsuccessful, a lawyer can discuss further legal options with you, such as filing a lawsuit against the insurance provider or plan administrator. They will guide you through the next steps, including potential settlement negotiations or litigation.
Q. Can a lawyer help me negotiate a settlement for my ERISA case?
A. Yes, a lawyer can represent you in settlement negotiations with insurance providers or plan administrators. They will leverage their knowledge of benefits law and their understanding of your case to seek a fair and favorable settlement on your behalf.
Q. How can I find a reliable lawyer for my denied ERISA benefits case?
A. Seek recommendations from trusted sources, such as friends, family, or other professionals. Utilize online legal directories and state bar association websites to research lawyers specializing in benefits law. Consider their experience, track record, client reviews, and expertise in denial, appeals, settlements, lawsuits, claims, and litigation.
Have questions? We'd love to help! We chose this area of the law because we enjoy helping employees receive the benefits they paid for and worked so hard for. You don't have to fight the insurance companies on your own. We're here to help. Call for a free consultation today.