Life insurance provides peace of mind. It provides the sense of security that comes with knowing that if you were to die prematurely, your dependents will be taken care of financially. That is, if the life insurance claim is approved. Like other types of insurance claims, life insurance claims are regularly denied. If your life insurance policy is one provided by your private sector employer, it is likely governed by theEmployee Retirement Income Security Act of 1974 (ERISA). The deck is often stacked against claimants with ERISA regulated life insurance policies as compared to claims made against life insurance policies purchased directly by individuals. If you plan to file a life insurance claim, work with an experiencedlife insurance lawyer who can improve your claim’s chance of being approved.
Life insurance benefits provide an individual’s loved ones with compensation for their loss of the policyholder’s financial support.
Filing a Life Insurance Claim
When you file a life insurance claim, you must provide a copy of the policyholder’s death certificate to prove he or she has passed away. Depending on the policy, you may be required to provide additional documentation. Often, you have a few options for how you would like to receive your benefits. These include:
- Lump sum: You receive the entire policy amount in one transaction;
- Life income: When this is an option, you can use it to receive the benefits in regular payments for the rest of your life;
- Specific income provision: With this option, you receive the benefits according to a specific payment schedule; and
- Income interest: The company retains ownership of the policy and pays you interest on it, then transfers the policy to a new beneficiary after your death.
Appealing a Denied Life Insurance Claim
If your life insurance policy is governed by ERISA, you must comply with ERISA’s appeals process if you plan to appeal the insurance provider’s decision on your claim. The deadlines for life insurance claims can be confusing. Your lawyer can help you navigate this process. You must file an appeal with your life insurance provider before you can sue the insurance carrier under ERISA. If your appeal does not result in a favorable decision, you may litigate your case pursuant to Section 502(a) of ERISA, 29 U.S.C. § 1132(a), in an effort to reach one. Your lawyer can coach you through this process and help you make the best decisions for your case.
Work with an Experienced Haverford Township Life Insurance Attorney
If you are in a position to file a life insurance claim, work with an experiencedlife insurance attorney. Your attorney is your advocate and if your claim is denied, he or she can help you determine whether appealing the decision is the best course of action and if so, work with you to file and pursue your appeal. Contact The Garner Firm, Ltd. today to set up your legal consultation in our office to get started with us.