With limited exceptions, employer-sponsored group insurance plans are regulated by the
Employee Retirement Income Security Act (ERISA). This 1970s-era federal law standardized the claims process. It also provided some important protections for workers and their families. At the same time, the big insurance companies have developed many tactics and strategies that allow them to work the ERISA claims process in their favor.
Sadly, recovering benefits can sometimes be challenging for individuals and their loved ones. At the Law Offices of Michael Bartolic, our dedicated Chicago ERISA lawyer can help. We are aggressive advocates for claimants in Northern Illinois. If your ERISA claim was denied in Chicago, please contact our legal team today for a free consultation.
Application: When you are making a claim for benefits under an ERISA insurance policy, it is crucial that you put together a well-crafted application. Not only must you ensure that all forms are complete and accurate, but you must also be sure to include all relevant supporting medical and vocational evidence. Even a small mistake could result in your claim being rejected.
Claim Review: Under ERISA regulations, the insurance company has 90 days to review your file. If the insurer cannot reach a decision within 90 days, then the company can seek one automatically granted 90-day extension period. Ideally, at the end of this process, your benefits will be paid in full. However, if your claim is denied, then you should receive a written denial letter from your insurer explaining the rejection.
Administrative Appeal: Your initial ERISA appeal must be directly with the insurance company. You only have 180 days to file this appeal. If you fail to take action within this time period, then you may lose out on your legal rights. Please take action: To ensure that your rights are protected, you should get an experienced Chicago ERISA lawyer by your side as soon as you get your denial letter.
ERISA Litigation: Finally, if your administrative appeal is not successful, you may need to file a lawsuit to seek your benefits. Under ERISA rules, applicants are only eligible to seek litigation once all administrative remedies have been fully exhausted.
At the Law Offices of Michael Bartolic, our Chicago ERISA lawyer has been recognized as a leader in the advocacy for claimant rights in ERISA disputes. We work hard to help our clients get the full benefits that they rightfully deserve under their insurance policy. If your ERISA claim was denied, we can help. For a free, no obligation legal consultation, please contact us today at (312) 635-1600.
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