What is ERISA?
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that controls most workers' rights to employment-related benefits, such as disability, life, and health insurance. When Congress enacts legislation in a particular area like this, the doctrine of federal preemption ordinarily applies. This means that all common law rights and state law remedies are unavailable to claimants. Such is the case with ERISA.
Our firm can help employees receive these benefits by filing a federal lawsuit to enforce workers' rights.
Mr. Waugh is one of the few attorneys in Arizona who regularly represents workers in disputes involving insurance benefits administered under ERISA. The reason most lawyers do not handle these cases is because it is very difficult for employees to prevail. Among the traditional legal rights lost to employees are the right to trial by jury, testimony by witnesses, introduction of evidence, and full recovery of damages. From the employee's perspective, it can be said fairly that ERISA really stands for "Every Rotten Idea Since Adam."
A serious roadblock to the payment of claims under ERISA is the requirement that employees must exhaust all “administrative remedies” before proceeding with a lawsuit. Ordinarily, workers must file an appeal with an insurance company or other claim administrator within 60-180 days after receiving a denial letter. Failing to do so bars an employee from later filing a court action. Furthermore, workers must prove their claim during this “administrative appeal” process by providing documentation such as doctors’ opinions, medical literature, witness statements, and occupational information.
Our firm can help you effectively complete the administrative process that is critical to success.
If you have an ERISA question, you can contact us for a free initial telephone consultation or by e-mail. We can serve you best if you have all relevant documents ready at hand when you contact us. As an example, where an insurance policy or company plan is involved, you'll need to have a copy of your policy, plan or employee benefit handbook available. If you have received a claim denial letter, you'll need to have that correspondence.
