Mark A. Di Carlo, Pllc Criminal Defense, SSDI, Erisa, And Personal Injury

Serving In Corpus Christi And Throughout The Region

Tell Us About Your Situation | 800-584-5798

Experienced Legal Advice During Times Of Crisis
Mark A. Di Carlo, PLLC Attorney at Law Office Building

Steps to take after ERISA claim denial

On Behalf of | Dec 1, 2023 | ERISA Law |

The Employee Retirement Security Act of 1974 protects your rights as a retirement plan participant. Receiving a denial for an ERISA claim can be discouraging, especially since you rely on that income for your expenses.

However, you can take steps to appeal the decision and potentially claim your benefits.

Review the denial letter

Begin by carefully reviewing the denial letter provided by the plan administrator. It should outline the reasons for denial, such as insufficient documentation or eligibility issues. Understanding the basis of the denial is the first step in formulating a response.

Gather relevant documents

After understanding the reasons for denial, gather all available documentation to support your claim. Provide medical records, correspondence with healthcare providers and other records that strengthen your case. Building a comprehensive and well-documented response is essential.

Seek clarification

Reach out to the plan administrator to find out more about the denial. Request additional information and guidance on the specific requirements for a successful claim. Engaging in open communication can clarify misunderstandings and give insights into the steps to fix the issue.

Appeal the decision

Most ERISA plans have an appeals process in place. Initiate the process by submitting a formal appeal letter with the necessary documentation. Outline the reasons for your appeal and include additional information that supports your claim.

Pay close attention to the deadlines associated with the process. Timely responses are crucial to ensure the government will consider your appeal. Missing deadlines may jeopardize your ability to challenge the denial.

Consult your Employee Assistance Program

Some employers offer EAPs that provide guidance in navigating benefit-related challenges. Use these internal resources and services to seek support.

Keep detailed records

Throughout the process, document all communication with the plan administrator, including dates, times and the content of conversations. This can serve as valuable evidence in case further action is necessary.

Consider alternative resolutions

If the appeals process proves unsuccessful, explore alternative dispute resolution options such as mediation or arbitration. These methods may resolve the dispute without resorting to formal legal proceedings.

ERISA covers the health plans of about 155 million Americans. Advocacy groups and regulatory agencies exist to guide you through the challenges of working with your provider.