ERISA benefit claims can be handled without a lawyer, but truth be told, it’s best to contact the best lawyer for ERISA disability. Otherwise, you might find yourself either having trouble dealing with the insurance company or appealing a decision, realizing you should have reached out to a lawyer, to begin with.
If you end up having to file a lawsuit, it’s important to mention that the burden of proof is all going to boil down to whether or not there has been a breach of fiduciary duty. Employers and insurance companies are held to a certain standard, and so they are in the hot seat if you have a legitimate lawsuit. What you hope for, however, is that the matter is resolved well ahead of time and without the court system.
There have been amendments to ERISA laws regarding health insurance in recent years. Have you heard of HIPAA? It’s an act that was instituted to protect individuals and families in relation to discrimination when it comes to healthcare coverage. Then there is COBRA, which is an act instituted to help provide individuals and families to maintain healthcare coverage after losing a job and in certain other instances.
While the primary focus of ERISA laws is retirement plans, you can see that there are other facets and benefits. Health insurance provisions have been mentioned, and disability insurance plans are also part of the equation. Most employees aren’t ever going to have to worry about using short-term and long-term disability coverage. But when a claim needs to be made, everything has to be in order.
Employers often reach out to attorneys to help them establish benefits packages for employees and lay out all the legal and legitimate paperwork for orientation. Employees who need to file a claim or have a question about ERISA laws should be contacting an attorney if they feel they need help.
Employers will often provide assistance, meaning employees can also check with human resources. They can also contact the insurance company and move forward with filing a claim. Yet that point is when many people find that they need to get in touch with an ERISA attorney that can provide assistance.
Again, you don’t have to be filing a lawsuit to reach out to a respected lawyer for answers. Many people need help with the legal red tape surrounding ERISA laws. You are going to have questions, and the experts say not to solely rely on employers and insurance companies.