Passed into law in 1974, the Employee Retirement Income Security Act (ERISA) regulates the majority of employer sponsored group benefits plans. If you have a claim under such a plan, whether for long term disability benefits, or any other type of benefits, you need to be prepared to take action to protect your rights.
At Michael Bartolic, LLC, our top-rated Hinsdale ERISA attorneys help claimants fight for what is rightfully theirs. If your ERISA claim was denied in Cook County or DuPage County, please contact our law firm today for immediate legal assistance.
Application: Your Hinsdale, IL ERISA claim begins with you preparing and submitting your initial application for benefits. For the best results, you need to be sure that you have carefully completed the application. Please be sure to include all relevant evidence with your application. If you have any questions about this step of the process, please reach out to an Illinois ERISA lawyer.
Claim Review: Upon submitting your claim, your insurer will have up to 90 days to make an initial decision. Though, the insurance company is entitled to one automatic 90-day extension period. If they require an additional 90 days to review your application, they should notify you of this fact in writing.
Initial Decision: When an initial decision is made, you will receive a written notice. Hopefully, the notice will be positive, and your benefits will soon follow. However, if your ERISA claim has been denied, the insurer has a legal obligation to tell you the precise reasoning why they made that adverse decision.
Administrative Appeal: If your ERISA claim was rejected, you have 180 days to file an administrative appeal. Your first appeal must be filed internally with the insurance company. It is highly recommended that you retain a top-rated ERISA attorney who can help you put together the strongest possible appeal.
Litigation: In the unfortunate event that your administrative appeal is denied, you have the right to file a lawsuit. To be clear, you can only file a lawsuit once all of your other available remedies have been exhausted. This means you must take your claim through the insurance company’s full internal appeals process before seeking litigation.
At Michael Bartolic, LLC, we have extensive experience handling complex ERISA claims. If your claim for benefits was rejected in Hinsdale, Illinois, our aggressive attorneys are standing by, ready to help. To request a free, no obligation review of your claim, please call us today at (312) 635-1600 or contact us directly through our website.