There are short-term disability claims, and then there are long-term disability claims. All types of situations can arise when it comes to individuals and employer benefits associated with these types of claims explained an ERISA lawyer Los Angeles based. Do you need an ERISA lawyer? If you do, and if you are dealing with a claim, here are some things that you should know.
One of the things that people have a difficulty understanding is the actual process of an ERISA claim. Don’t feel like it’s something you should completely understand because it’s chock full of legal jargon. That is why many people reach out to lawyers. And of course there is the claims process, and then there is the appeals process. You hope that your claim isn’t denied, but if it is, then the appeals process comes into play.
If your claim is denied, it is the law that you are to receive written notification about the reasons why. ERISA lawyers know when companies have or haven’t been compliant. There is an internal review procedure that has to be followed first. If part of that process is handled incorrectly, or it has been exhausted, then a lawsuit can be filed under certain circumstances.
Let’s say that you have an ERISA claim that gets denied. You might have wondered if it’s the right time to get a lawyer involved. It could be in your best interest, but each case is different. One thing you want to know is that you have 180 days to file a claim. It is at this point in time that the recommendation to find an attorney comes into play.
You aren’t the only one that is going to have to be on their game. The employer is kept to certain rules and regulations, too. That means that you might want to check with an ERISA attorney to see if the employer is following the rules. There are certain timelines in play. For example, an employer can’t just sit on your claim forever. The employer has 45 days to review your claim.
It’s best if you have all of your affairs in order, and that’s why it can be good to have legal representation. This is a meticulous process, and considering claims can get denied, you might want to reach out for help. There are situations where lawyers can really be your best bet. You have to focus on your health and well being.