Filing an ERISA LTD Federal Court Action
If your claim for long term disability (LTD) benefits has been rejected or terminated at the administrative appeal level, your only remaining option is filing an Employee Retirement Income Security Act of 1974 (ERISA) LTD lawsuit in federal court. Before going down that road though, there are a few key points to consider.
Keep in mind that large insurance companies employ highly specialized lawyers to protect their financial interests. For this reason, claimants should also consider hiring a lawyer who is well acquainted with ERISA matters and knows how proceedings are conducted at the federal district courts.
It is key to note that the vast majority of lawyers in the U.S. are not familiar with ERISA. Moreover, most lawyers tend to concentrate their practice in state courts and are not very well versed on the way that things work at the federal level. This is why it is extremely important for disability claimants to hire an experienced ERISA LTD lawyer to fight for them. Unfortunately, your local civil litigator or the general law practitioner who has always been there for you might not be able to provide you with adequate legal representation. In fact, many lawyers who do not do ERISA work refer their clients to RamosLaw. For the same reason you wouldn’t hire a pastry chef to cater a barbeque, you shouldn’t hire an attorney who has minimal or no ERISA LTD law experience to represent you. ERISA is an intricate area of the law. It requires an attorney with a complete familiarity and understanding of it; as well as one with the proper skillset to successfully navigate its complex waterways. Ivan Ramos is just such an attorney.
Filing an Internal (Administrative) Written Appeal
If a long term disability claim has been denied or terminated, the claimant is required by law to file and internal administrative appeal with the insurance company or the plan administrator. A claimant who fails to file and administrative appeal is precluded from going to federal court and will probably lose all of his or her rights to contest the adverse decision. LTD attorneys play a crucial part at the administrative level by ensuring that the internal appeal is both properly argued, and that it includes all relevant documentation. It is vital — to complete this appeal properly. Evidence related to your case that is not included during this stage will most likely be excluded from your federal court lawsuit.
Why take unnecessary chances with your LTD benefits? Contact RamosLaw and increase your chances of winning.
Filing a Lawsuit in Federal Court
As previously stated, if your administrative appeal is denied you can contest the ruling by filing a lawsuit in federal court. But it is no overstatement to say that LTD lawsuits are exceptionally difficult. Fortunately, RamosLaw will take these complex cases on a contingency basis; which means that you won’t incur any legal fees unless we are able to win you your benefits.
It also bears repeating that, if there is absolutely no way an insurance company would ever go to court without proper legal representation; why would you? Attorney Ramos has over two decades of legal experience. Call our office today for a free consultation.
