Employment Based Life Insurance (ERISA)
Life Insurance Attorneys
They are efficient, honest and will achieve the best possible outcome. Farmers had rejected my claim twice and was unwilling to take a second look. Shelly was able to get them to pay the entire claim without going to court.. Highest recommendation.
- Kathleen Bryan
Trief & Olk is a superior law firm. Their attorneys and other legal professionals have a brilliant understanding of the law and the litigation process. They diligently perform their work in an efficient, strategic and cost-effective manner to ensure the best possible outcomes for their clients.
- Christopher Hughes
I contacted the Trief & Olk law firm regarding a life insurance issue. Shelly Friedland handled the matter swiftly, courteously and professionally. The issue was settled in my favor in a timely manner. I would highly recommend her and this firm to those in need of legal assistance .
- Jim Beha
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Our experienced attorneys have negotiated or litigated a wide variety of life insurance denial cases against major insurance companies.
Employment Based Life Insurance (ERISA)
Understanding Employment-Based Life Insurance Denials: ERISA Explained
When a loved one passes away, their life insurance policy is often seen as a financial lifeline for surviving family members. Many large companies provide their employees with group life insurance coverage, a valuable benefit that is typically managed by the employer and sometimes underwritten by an external insurance company. In addition to this coverage, employees often have the option to purchase additional group life insurance, known as optional, voluntary, or supplemental life insurance, with premiums paid by the employee. If the insured employee should pass away, the designated beneficiaries rightfully expect to receive the insurance benefits from the policy.
However, the situation can become complicated when the insurance company denies the payment of these benefits, leaving the beneficiaries in a difficult position. In such cases, it becomes crucial to understand your rights and options, and that’s where Trief & Olk’s experienced life insurance attorneys can assist you.
ERISA: Your Legal Safeguard
The Employment Retirement Income Security Act of 1974, commonly known as ERISA, is a federal statute that governs insurance plans provided to employees as part of their benefits packages. When it comes to challenges related to denials of life insurance coverage under employer-provided policies, ERISA outlines specific procedural requirements that must be followed.
Common Reasons for Denials
Denials of life insurance coverage under employer-provided life insurance often occur when an employee becomes seriously ill, such as in the case of cancer, requiring extended medical treatment and rendering them unable to work. In these situations, the employee may need to take long-term disability leave and continue to receive disability payments through the employer’s disability policy. It’s a common assumption that life insurance coverage will also continue during this period.
However, the terms of the insurance plan can vary significantly. In many cases, coverage may cease one year after the employee first went on disability leave, at which point they may no longer be considered an employee. But ending coverage is not as straightforward as it may seem. The employer and insurance company are obligated to provide notice that the policy coverage will end and explain the employee’s options. These options may include converting the group policy to an individual policy, which would require the former employee to pay monthly premiums. Some policies even offer the possibility of extending group policy coverage under specific conditions, often with the option to apply for a waiver of monthly premiums.
Navigating ERISA and Life Insurance Denials
Understanding the intricacies of ERISA and the specifics of your situation is vital when facing a life insurance denial. As state regulations tightly govern life insurance, it’s essential to consult with our experienced life insurance attorneys at Trief & Olk to explore your options and determine the best course of action.
Seeking Legal Guidance
If you or a loved one is dealing with a denial of employment-based life insurance (ERISA) benefits, don’t hesitate to reach out to us for assistance. At Trief & Olk, we specialize in handling such cases and are here to provide you with the legal guidance and support you need during this challenging time. Call us today to discuss your specific circumstances and take the first step toward securing the life insurance benefits you rightfully deserve.
Related Blog Posts
Common Mistakes to Avoid When Dealing with ERISA-Based Life Insurance Denials
Facing a denial of employment-based life insurance (ERISA) benefits can be a daunting experience, but it’s essential to know that you have rights and options.
Avoiding common mistakes and taking the right steps can make a significant difference in securing the life insurance benefits you deserve. Here are some pitfalls to steer clear of:
1. Accepting the Denial Without Question
One of the most significant mistakes beneficiaries can make is simply accepting the insurance company’s denial without challenging it. Insurance companies may deny claims for various reasons, but that doesn’t mean their decision is final or always correct. ERISA law provides a framework for addressing these denials and seeking a fair resolution.
2. Failing to Seek Legal Assistance
Navigating the complex world of ERISA law on your own can be overwhelming. Without the guidance of an experienced attorney, you may miss crucial deadlines or fail to provide necessary documentation, weakening your case. It’s essential to consult with a legal professional who specializes in life insurance claims and ERISA matters. They can help you understand your rights, evaluate your case, and advocate on your behalf.
3. Not Having a Trial Lawyer Willing to Fight
Insurance companies often employ tactics to discourage policyholders and beneficiaries from pursuing legal action. Having a dedicated trial lawyer on your side, willing to take the insurance company to court if necessary, can be a game-changer. A skilled attorney with experience in life insurance matters can apply pressure to bring the insurance company to the table more quickly and work to secure a favorable outcome through negotiation or litigation.
4. Choosing an Inexperienced Attorney
Not all attorneys are equal, and hiring an attorney without specific experience in life insurance and ERISA cases can be a costly mistake. These cases require a deep understanding of the laws and regulations governing life insurance policies and ERISA claims. Opting for an attorney with a proven track record in this field greatly improves your chances of success.
5. Delaying Action
Time is of the essence when dealing with an ERISA-based life insurance denial. Insurance companies may impose strict deadlines for filing appeals and pursuing legal action. Delaying your response can jeopardize your ability to challenge the denial effectively. Consult with an attorney promptly to ensure you meet all necessary deadlines and take timely action.
Frequently Asked Questions About ERISA-Based Life Insurance Denials
Dealing with a denied employment-based life insurance (ERISA) claim can raise numerous questions and concerns. To help you better understand your situation, we’ve compiled some common questions along with their answers:
What is ERISA, and how does it apply to my life insurance claim?
ERISA stands for the Employee Retirement Income Security Act of 1974. It is a federal law that governs various employee benefit plans, including employer-provided life insurance. If your life insurance policy is part of your employee benefits package, it is subject to ERISA regulations. ERISA sets guidelines for how claims should be processed and provides certain legal protections and remedies for beneficiaries.
What should I do if my ERISA-based life insurance claim is denied?
If your life insurance claim is denied, you have the right to appeal the decision. Start by carefully reviewing the denial letter, which should explain the reasons for the denial. Then, gather all relevant documents, medical records, and any correspondence related to your claim. Consult with an experienced ERISA-based life insurance attorney to guide you through the appeals process and help you build a strong case.
What is the ERISA appeals process, and how long do I have to file an appeal?
ERISA outlines specific procedures for appealing denied claims. Generally, you must file an appeal within 180 days from the date you receive the denial letter. The appeals process typically involves submitting additional documentation, participating in a review by the insurance company, and, in some cases, seeking legal assistance to present a compelling case.
Can I take legal action if my appeal is also denied?
Yes, you can pursue legal action if your appeal is denied. You may file a lawsuit against the insurance company to challenge the denial. An experienced ERISA attorney can help you understand your legal options, evaluate the strength of your case, and guide you through the litigation process if necessary.
What are common reasons for ERISA-based life insurance claim denials?
Life insurance claim denials under ERISA can occur for various reasons, including disputes over policy coverage termination, beneficiary designations, policy lapses, or alleged misrepresentations on the application. Each denial is unique, and it’s crucial to carefully review the denial letter and seek legal advice to understand the specific grounds for denial in your case.
How can an attorney help with my ERISA-based life insurance claim?
An experienced ERISA attorney can provide invaluable assistance by guiding you through the appeals process, ensuring you meet all deadlines and requirements, and advocating for your rights. They can review your case, gather necessary evidence, and present a compelling argument to the insurance company or, if needed, in a court of law.
What should I look for when choosing an ERISA attorney to handle my case?
When selecting an attorney, prioritize experience in handling ERISA-based life insurance claims. Look for a legal professional who has a track record of success in this specific area, is knowledgeable about ERISA regulations, and is committed to advocating for your best interests.
Employment Based Life Insurance (ERISA) Client Story
This client story is for educational purposes only.
In the quiet corners of life’s unpredictable journey, we often find ourselves facing challenges that test our resilience and determination. For Jim, a devoted husband who lost his beloved wife, Sarah, those challenges came crashing down when an insurance company denied his claim for her employment-based life insurance benefits.
Jim and Sarah had shared a love that seemed to defy time itself. Their dreams were intertwined, and their future together appeared as bright as the morning sun. Sarah, a dedicated teacher, had always believed in the power of knowledge and the importance of securing their family’s future. With that vision in mind, she had taken out an employment-based life insurance policy through her teaching job.
Little did they know that life had its own plans, and in the face of adversity, the strength of their love would shine brighter than ever before.
Sarah’s unexpected passing left Jim and their two children devastated, grappling not only with their profound loss but also the financial uncertainties that loomed ahead. The life insurance policy that Sarah had secured was meant to be their lifeline, providing financial stability during the most challenging times.
However, when Jim filed the life insurance claim following Sarah’s passing, the unimaginable happened. The insurance company denied the claim, leaving Jim and his children in a state of disbelief and despair. Their lifeline had turned into a closed door, and hope seemed to fade away.
Desperate to make sense of the situation and determined to honor Sarah’s memory, Jim began searching for answers. It was during this darkest of moments that he discovered Trief & Olk, a beacon of light in his hour of need.
Jim reached out to the experienced life insurance attorneys at Trief & Olk, who understood the complexities of employment-based life insurance claims under ERISA regulations. They listened to his story with compassion and empathy, recognizing the injustice of his situation.
With their guidance, Jim embarked on a journey to reclaim Sarah’s legacy and secure the financial support she had intended for their family. The attorneys meticulously reviewed every detail of the denial, leaving no stone unturned. They gathered evidence, engaged in negotiations, and relentlessly pursued justice on Jim’s behalf.
As the days turned into weeks and the fight for Sarah’s life insurance benefits continued, Jim began to regain hope. He realized that he wasn’t alone in this battle; he had a dedicated legal team by his side, advocating for his family’s rights.
Finally, after what felt like an eternity, the insurance company relented. Jim’s persistence, combined with the experience of Trief & Olk’s attorneys, had won the day. The life insurance benefits that Sarah had intended for her family were finally secured.
In that moment, as Jim looked into the eyes of his children, he knew that Sarah’s love and legacy would endure. Her dreams for their family’s future had been realized, thanks to the unwavering support of Trief & Olk.
Seeking Justice for Your Loved One – Contact Our Attorneys for Help with Employment Based Life Insurance Denials
If you’ve recently experienced the loss of a loved one and found yourself denied an employment-based life insurance (ERISA) payout, we understand the frustration and confusion that may be overwhelming you. In times like these, it’s crucial to remember that you don’t have to navigate this challenging journey alone.
At Trief & Olk, we are here to help you seek justice for your loved one and ensure that their wishes are honored. We believe that every individual has the right to the benefits they’ve worked hard to secure for their families, especially in the face of life’s uncertainties.
Understanding Your Rights
The denial of an employment-based life insurance claim can often be attributed to various factors, including improper communication, lapses in coverage, or a failure to provide the opportunity to convert or extend the life insurance coverage. We recognize the complexities of ERISA regulations and the impact they can have on your situation.
Our experienced employment-based life insurance claim attorneys are well-versed in ERISA laws and regulations, and we are committed to providing you with the guidance and support you need during this challenging time.
Your Journey to Justice Begins Here
If you’re facing the denial of an employment-based life insurance claim, we encourage you to take the first step toward seeking justice. Our team of dedicated attorneys is available to answer your questions, review your case, and represent you if your life insurance has been wrongly denied.
We offer free consultations, and our experienced lawyers will carefully examine your life insurance documents to understand the unique circumstances of your situation. We are committed to ensuring that your loved one’s legacy is honored and that their intended benefits are rightfully awarded.
At Trief & Olk, we believe in fighting for the rights of our clients, just as we did for Jim and many others like him. Your loved one’s memory deserves to be cherished, and their hard-earned benefits should provide the financial stability they intended for their family.
Don’t allow the denial of an employment-based life insurance claim to cast a shadow over your family’s future. Contact us today, and let us help you navigate the path to justice and ensure that your loved one’s wishes are upheld. Your journey to securing the benefits you deserve begins here, with Trief & Olk by your side.
Client Reviews
If there is any possibility of winning your life insurance case – this is the place to do it for you. They are efficient, honest and will achieve the best possible outcome.
Shelly Friedland worked on my case where a life insurance policy had lapsed and was even a few days beyond the grace period. Farmers had rejected my claim twice and was unwilling to take a second look. Shelly was able to get them to pay the entire claim without going to court, and the full amount was deposited in my account within a couple months. Highest recommendation.
