What is the ERISA Appeals Process?

Authored by:

Attorney William Green from Delfino Green & Green Law

Attorney

William Green

Mr. Green is always focused on the primary goal of getting the maximum possible recovery for the firm’s clients, he also believes that the work the firm does holding government entities and corporations liable betters society by making streets safer, products much less dangerous and generally holding the powerful accountable when they cause harm.

Reviewed by:

Sharon Delfino Green has worked for numerous Fortune 500 companies, helping with complex and valuable legal work. For over the past 10 years, Sharon has helped prosecute countless insurance bad faith cases and personal injury cases. She is a skilled San Francisco injury lawyer and a proud member of both the Marin County Bar Association and the California State Bar.

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It’s incredibly stressful to receive a notice of denial from your insurance company. The very idea that you might have to pay for a healthcare bill alone is terrifying. Thankfully, you have options.

The Employee Retirement Income Security Act (ERISA) protects those dependent on an employer’s self-insured plan. When insurance denies your claim, the ERISA appeals process can save you from a massive bill.

Filing an Appeal

If your employer’s self-insured plan denies your claim, you still have options. Under the law, you have the right to an appeal.

Start the process by requesting appeal information from your insurance company or employer’s human resources department. They should give it to you without any problems. If they don’t, hire an attorney immediately. You should never go against multi-million-dollar agencies (or their lawyers) alone.

The appeal instructions will come with a deadline. Your appeals form must be sent before that point. Make sure you keep documentation proving you sent the appeal, whether it’s through postal or email.

By law, filing an appeal must be free. If you’re insurance agency requests a filing fee, get your attorney on speed dial.

Once you send the appeal, the insurance company has 60 days to make a decision. If your claim is a special case, they can extend that period to 120 days.

Going to the Top

If your appeal to the insurance company fails, you might need to call upon the law to sort things out. If your benefits were denied, you can appeal the decision to the U.S. Department of Labor.

It’s important to be prepared before going all the way to the top. If the insurance company denied your claim, it’s a good idea to seek an experienced disability and benefits lawyer who can guide you through the process and strengthen your case.

If you or someone you love did not receive the benefits they deserve, you might have a case. Call an attorney from Delfino Green & Green today at 415-442-4646 to evaluate your case.

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