What Does an ERISA Attorney Do and How Do You Know When You Need One to Recover Your Benefits?

An ERISA attorney within the scope of life insurance is a lawyer representing individual beneficiaries who need to file an ERISA claim following the death of a loved one. Usually, ERISA attorneys work with clients to recover denied and delayed life insurance claims arising out of group coverage through an employer.

What is ERISA?

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that governs most voluntarily established retirement and health plans in private industry to protect individual participants in these plans. ERISA controls many group life insurance claims where a deceased employee had group coverage provided by their employer.

What Is an ERISA Attorney?

An ERISA attorney is a life insurance attorney specializing in ERISA group life claims. An ERISA lawyer ensures plan participants are offered all the protections under the law. If a life insurance claim is wrongfully denied, an ERISA claim attorney will represent beneficiaries in their ERISA appeal and litigation to recover the denied life insurance benefits.

When Should You Hire an ERISA Life Insurance Attorney?

You should hire a life insurance lawyer specializing in ERISA if: 

  • Your employer/insurer provided you with incorrect or misleading information about your life insurance coverage ;
  • Your employer/insurer terminated your life insurance coverage without informing you;
  • Your employer/insurer failed to advise you of your rights to your life insurance coverage if your employment is terminated;
  • Your employer/insurer withdrew premiums from your paycheck for life insurance coverage that did not exist;
  • Your employer/insurer approved your evidence of insurability (statement of health)  and withdrew premiums from your paycheck for increased coverage but denied your life insurance claim after the insured’s death;
  • Your employer/insurer failed to provide you with a copy of the life insurance policy/Summary Plan Description or denied you access to plan documents regarding your life insurance benefit;
  • Without explanation, your employer/insurer revoked you as a beneficiary on a life insurance policy.

If you have issues with your ERISA claim, call (888) 510-2212 to speak with one of the ERISA claim attorneys. We offer free consultations.

lawyers specializing in life insurance

What Our ERISA Attorneys Do to Help Recover Your Death Benefits

At our law firm, our ERISA attorneys offer legal advice in all stages of ERISA claims. Here is what our ERISA lawyers can do to help you collect the life insurance death benefit in a timely manner:

  • Explain how ERISA works and how to protect your life insurance beneficiary rights;
  • Assist clients with filing an ERISA claim;
  • Help clients expedite an ERISA claim delay;
  • Help clients understand the contents of the denial letter;
  • Assist clients in writing and filing an ERISA appeal;
  • Represent clients in ERISA lawsuits;
  • Represent clients whose beneficiary designation is challenged by a competing claimant’s qualified domestic relations order;
  • Represent clients in cases involving employer’s breach of fiduciary responsibility owed to ERISA claimants; 
  • Represent clients in cases involving insurers’ breach of fiduciary responsibility owed to ERISA claimants.

When our life insurance lawyers prepare an ERISA appeal, they draft a legal brief based on ERISA law and the results of an independent investigation and research. This forces the insurance company to examine the case from a new perspective. Beneficiaries who win ERISA appeals at an administrative level save time and money that would otherwise be spent on litigation.

At our ERISA law firm, we urge everyone whose benefit claim was denied to hire an ERISA attorney before filing an appeal to increase their chances of winning.

Can You Appeal a Denial Without an ERISA Attorney?

You can file an ERISA appeal on your own. However, it is not recommended. ERISA claim denial appeal is very specific and the strength of your appeal will have an impact on future litigation. For example, during litigation your attorney may be limited to the documents you provided on appeal and if you fail to provide important evidence during an administrative appeal you may not be allowed to present it during litigation if your appeal is denied.

An ERISA lawyer will best know how to negotiate with the insurance company and effectively defend your claim. An experienced ERISA attorney can also help identify problems with the insurance company’s decision and raise those issues with the insurance company. The best thing you can do to increase your chances of appeal is to hire an experienced ERISA attorney to help you recover your death benefits.

What to Expect With ERISA Attorney Fees

Our attorneys work on a contingent fee basis. It means that we do not charge legal fees unless we collect the ERISA proceeds for you. Only then will we charge a reasonable legal fee. We take pride in offering competitive contingent fee structures and will work with you to ensure you are comfortable with the fee. 

If your ERISA claim has been denied or delayed, seek legal advice from an ERISA attorney. Call (888) 510-2212 for a free case evaluation. We have the experience you can trust.

Picture of About the author

About the author

Attorney Tatiana Kadetskaya has over 10 years of experience in life insurance law representing beneficiaries and policy owners. She is best known for successfully collecting denied and delayed claims and settling complex beneficiary disputes and interpleader lawsuits.

Contact us