The Employee Retirement Income Security Act (ERISA) is a federal law that governs the majority of employer-based insurance policies. If you made a health claim, disability claim, or retirement plan claim under an ERISA plan, and your application was denied, you have the legal right to file an appeal. At this stage of the process, it is imperative that you seek professional legal representation.
At the Law Offices of Michael Bartolic, our Chicago ERISA Appeals attorneys are aggressive advocates for our clients. We have a comprehensive understanding of the entire ERISA appeals process. We use our skills to help applicants get their full benefits. If you are considering filing an ERISA appeal in Illinois, please contact our Chicago law office for free legal guidance.
One of the most important things that you need to know about the ERISA appeals process is that you have very limited time to take action. As a general rule, ERISA claimants only have 180 days to submit their appeal. The clock starts running on the day you receive the denial letter. This is a strict deadline, if you fail to take action before the deadline expires, your case may simply be dismissed.
The key to a successful ERISA appeal is in the evidence. Under ERISA rules, your first appeal must be made at an administrative level. In other words, it must be submitted directly to the insurance company. The insurance company has a legal obligation to give your case a fresh review. It is crucial that you include any and all supplemental evidence during this stage of the process. Should your case go to trial, the court will be limited to reviewing the evidence that you already submitted to the insurer. You generally are not able to introduce new evidence during ERISA litigation.
Our Chicago ERISA appeals attorneys want to get your claim paid in full, without any additional unnecessary delay. Ideally, the insurance carrier will agree to offer you a complete settlement. In many cases, we are able to settle ERISA claims during the administrative appeal. At the same time, our Illinois ERISA attorneys are also ready to file a lawsuit to protect your legal rights and financial interests.
At the Law Offices of Michael Bartolic, we are prepared to guide you through your ERISA appeal. If you or your family member has had your ERISA claim denied in Cook County, IL, you need legal representation now. To arrange a free, no-obligation consultation, please contact us today at (312) 635-1600.