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Claims and appeals for ERISA require legal advice and guidance

On Behalf of | Sep 20, 2019 | ERISA

New Jersey workers who take part in the Employee Retirement Income Security Act are doing so to make certain they are fully protected with their health and retirement plans while employed in a private industry. The law requires that these workers are given information about the plan, how it is funded, what the requirements for participation are, what benefits they have, who controls the assets and more. If a person needs to file a claim – especially related to disability – based on ERISA, there can be unforeseen problems that will arise. Having legal assistance for the claim and appealing it if necessary is useful.

The ERISA claim must be filed and prepared correctly. There will need to be the proper forms, medical evidence and documentation to show that the person is entitled to benefits. All should be assessed to ensure they are done correctly. For people who need to file for ERISA, details can be forgotten as they seek their benefits. The correct forms must be acquired from the workplace or the insurer. The medical professionals treating the person should have the records, they must be up to date and provided as needed, showing why the person is limited in the ability to work or completely unable.

Once the filing is done, the decision will be made and the person will be notified. If there is a denial, it is not necessary to panic. There are alternatives to appeal. Reasons for the denial must be given and the person will be informed that there is the right to file a lawsuit. For an appeal, there are time constraints. It must be done within 180 days of the date in which the person got the denial. If there is any evidence or documents that are not filed while the appeal is in progress, the courts will not consider them.

Given the complicated nature of an ERISA filing, having legal advice can make the difference between getting the benefits when the filing is made or having a denial overturned when there is an appeal. To make sure there is adequate protection and all the necessary information is provided, having legal assistance can be of great benefit. Calling a law firm that understands all aspects of ERISA can help.

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