Need Help Appealing An ERISA Claim Denial?
Mark A. Di Carlo provides legal representation to clients appealing denied benefits under the Employee Retirement Income Security Act (ERISA) law.
If you have filed a claim for employer-provided disability benefits and that claim has been denied, you may pursue an appeal. It is important to hire an attorney so evidence in your favor is submitted to the insurance company as soon as possible. If this evidence is not submitted, it will be practically impossible to win your case, as the insurance company will argue that its decision is based upon the evidence that exists in its record.
How The ERISA Appeal Process Works
Your first chance to overturn the initial ruling is to file an administrative appeal. There may be one to three such appeals, depending upon various circumstances. In the administrative appeals process, you have the opportunity to provide additional evidence that supports your claim. This evidence may include medical documents, statements from treating physicians and other evidence that supports your disability claim.
If your administrative appeal is finally denied, you can file a lawsuit in federal court. In federal court, a judge will decide whether your ERISA plan unfairly denied your claim. The legal standard is weighted in favor of the insurance company, however, as you and your lawyer must prove that the insurer abused its discretion in denying your case.
If you are considering an ERISA appeal, it is very important to be represented by an attorney who is experienced in the appeals process. Mark A. Di Carlo has extensive experience handling ERISA appeals and knows what type of information and evidence ERISA officials are likely to find compelling.
Get Skilled And Knowledgeable Help With Your ERISA Appeal
The law office is here to help you explore your options for an ERISA short-term or long-term disability appeal, but time is of the essence. Contact the office today online or by telephone at to arrange a free initial consultation with a knowledgeable ERISA appeals attorney in Corpus Christi, Texas.