Filing for ERISA benefits

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Posted by Legal Team On September 19, 2016

Private employers often provide certain attractive benefits to their employees. These include retirement plans as well as disability insurance. The Employee Retirement Income Security Act (ERISA) of 1974 governs these benefits and makes sure employers are following the guidelines. All employers must follow ERISA rules and requirements when making benefit plans.

According to ERISA, all employers must provide employees with adequate information regarding benefits and retirement plans. Employees should know exactly what plans are covered under ERISA. They must know how to file for disability insurance, and appeal against a particular decision. ERISA requires all insurance providers to deal with their cases within 45 days and provide adequate reasons for rejection. ERISA is not applicable on any private disability insurance.

If the reason provided by the insurance company is unacceptable, you may file a lawsuit. The lawsuit must be filed under the guidelines provided by ERISA. The judge is provided with the employee’s file which contains all the relevant information. It is important to provide supporting information to make your case stronger. This is essential if you want to get the decision overturned.

ERISA was passed to protect the rights of employees. But its requirements can be complicated for some employees, which could lead to their claim being rejected. It is important to involve an attorney when filing a claim. The attorney will make sure all requirements are fulfilled, and your claim is not rejected on technical grounds. In case your claim has already been rejected, you should consider hiring an experienced attorney to review your case and file for an appeal against the decision.