Benefits of a Maryland ERISA Lawyer
If you can no longer work due to a disability, you may qualify for long-term disability benefits under an Employee Retirement Income Security Act (ERISA) plan.
Applying for ERISA benefits can be complicated and even a simple mistake in the process can result in the loss of benefits. Moreover, ERISA is a complicated law and many rules govern the disability application process, from strict deadlines to allowed evidence during the appeal.
If you have been falsely denied a benefit by your employer or have reason to believe a business or company you work for is mismanaging retirement funds, you are at risk of suffering lost money as a result of wrongdoing or fraud. Seeking professional legal counsel from an attorney who is knowledgeable in all sorts of issues plaguing the path to ERISA compliance is one of the major benefits of a Maryland ERISA lawyer.
Common Reasons Someone May Need an ERISA Lawyer
The Employee Retirement Income Security Act of 1974, also known as ERISA, was created by federal lawmakers to ensure that employees were fairly treated by their employers when it came to their benefits. Although it might sound like ERISA is a law that only deals with retirement plans and pensions, it actually has a further reach. ERISA can assist with any employee welfare benefits plan, including:
- Disability benefits
- Healthcare benefits
- Life insurance benefits
- Sick leave benefits
- Vacation leave benefits
When employees are wrongfully denied any type of benefit from an employer, they can enlist the help of an attorney who is knowledgeable on ERISA law and fight back for what is justly theirs under the law. Because ERISA is a federal law, plaintiffs will generally go through Federal court to resolve their case.
The plaintiff must demonstrate that they have followed every step laid out by their insurance carrier before they can initiate any legal action against them.
The Process of Filing an ERISA Claim in Maryland
The process of filing an ERISA claim has two requirements that are usually met before the plaintiff can file a lawsuit. The law states that the plaintiff must file a claim and must exhaust the plan’s administrative processes, barring minor exceptions.
In an ERISA claim, there is usually no jury present and the plaintiff may only get a short hearing based on an administrative record. The evidence the judge generally looks at is the evidence the plaintiff submitted to the insurance company before the lawsuit was filed.
A plan may not require the plaintiff to go through more than two appeals. Thus, it is highly advisable to seek the help of a skilled attorney who can present the strongest possible case to the insurance company. It is important to note that the appeal should be thorough, complete, and objective, as it is not just for the insurance company, but also for the judge who is likely looking to get to the bottom of the case.
Talk to a Maryland ERISA Attorney
If you have been denied valid benefits that are subject to ERISA, there is no substitute for a highly knowledgeable attorney who specializes in ERISA law. The benefits of a Maryland ERISA lawyer extend beyond the scope of the claim process, but they may be able to help you navigate the tricky environment of ERISA law.
