Philadelphia ERISA Attorney for Denied Employee Benefits Claims
Helping Those Who Have Had Their Employee Benefits Claim Denied
As an experienced ERISA attorney, Adam H. Garner and the other attorneys at The Garner Firm help clients across Philadelphia and nationwide fight wrongful benefit denials.We represent executives, employees, former employees, plan participants, and their beneficiaries in all aspects of ERISA employee benefits law. This includes claims for:
- short-term disability (STD) benefits;
- long-term disability (LTD) benefits;
- life insurance and accidental death and dismemberment (AD&D) benefits;
- pension benefits;
- 401(k) benefits; and
- other types of employee benefits.
What is ERISA?
ERISA is an acronym that stands for the Employee Retirement Income Security Act of 1974. It is a federal law that governs nearly all employee benefit plans in the United States. The biggest exceptions are for so-called “church plans,” which are employee benefit plans sponsored by certain religious organizations, and “governmental plans,” which are plans sponsored by the federal, state, and local governments. ERISA is complicated, sometimes counter-intuitive, and can be a potential minefield to those individuals who do not interact with ERISA-regulated plans regularly.
Many insurers responsible for deciding your claim for benefits are often responsible for paying the claims. As a result, they have a conflict of interest and a financial incentive to deny your claim. Because of this conflict, a knowledgeable ERISA attorney can level the playing field and hold the insurer to its obligations.
The law entitles all plan participants and their beneficiaries to a full and fair review of their benefits claims. Unfortunately, that review often does not happen. When an insurer denies a benefit claim, you must take specific steps to appeal the denial and protect your rights. Moreover, missing a deadline can result in a denied appeal. As a result, it can also bar you from challenging the decision in court altogether. Therefore, you should document your claim thoroughly, persuasively, and accurately. Doing so protects your rights and puts you in the best position to win approval.
Also See: ERISA Frequently Asked Questions and ERISA and Long-Term Disability Informational Videos
We will work with you every step of the way through the benefits claim process by developing a strategy designed to help you prevail on your claim. No two claims are alike, and we treat each client as an individual who has specific needs, goals, and problems. We will help you complete claim forms, obtain the necessary records, and counsel you regarding your claim. If necessary, we will work with you through the claims appeal process and seek payment of your benefits in a court of law.When you work with an ERISA attorney early in the process, you protect your rights and strengthen your claim.
Breaches of Fiduciary Duty
In addition to benefits claims, we handle claims alleging breaches of fiduciary duty by the people, organizations, and vendors that administer employee benefit plans, on both an individual and class basis. Plan fiduciaries, including insurance companies, must act prudently and in the interest of participants and beneficiaries. However, fiduciaries sometimes put their own interests first. For example, they may charge the plans excessive fees or engage in self-dealing. When that happens, they breach their fiduciary duty. As a result, they must be held accountable, and The Garner Firm holds them accountable for their bad acts.
VIDEO: What Can You Expect to Recover If You Bring an ERISA Claim in Court?
ERISA Claims Are Complicated — An Experienced ERISA Attorney Can Help
The laws governing employee benefit plans are complicated. Adam H. Garner is an experienced ERISA employee benefits lawyer who has years of ERISA employee benefits litigation experience. If you have questions regarding your employee benefits, the claims process, or the denial of your claim for benefits, contact The Garner Firm today.
“ERISA is, we have observed, a ‘comprehensive and reticulated statute,’ the product of a decade of congressional study of the Nation’s private employee benefit system.”
— MERTENS V. HEWITT ASSOCS., 508 U.S. 248, 249 (1993) (SCALIA, J.)
Related
Frequently Asked Questions About ERISA and Long-Term Disability Claims
Questions to Ask Before Hiring an ERISA Attorney
What is ERISA and How Does It Govern Benefits?
How Long Does It Take for an ERISA Claim to be Resolved?
Informational Videos About ERISA and Long-term Disability Claims (VIDEOS)
ERISA Fact Sheet – Employee Retirement Income Security Act (external link)
the garner firm team
The Garner Firm is a nationally recognized ERISA employee benefits and employment law firm representing employees, executives, managers, and professionals.
