ERISA Life Insurance Lawyer in Birmingham, AL
We'll fight for you when ERISA threatens your safety net
After losing a loved one, life insurance can offer some sense of stability during a difficult and uncertain time. Even if policyholders have paid premiums for many years, surviving spouses and other beneficiaries could be denied these benefits. If the life insurance policy was governed by ERISA, getting those benefits can be extremely challenging.
Sinclair Law Firm can help Alabamians who’ve had ERISA life insurance benefits denied. Attorney Tom Sinclair understands the complexity of ERISA claims. He also knows people feel let down by a system that’s stacked against them. If you feel pushed around, Tom and his team will gladly push back for you.
If you’ve been denied your benefits, you need our help ASAP. For a free consultation with an experienced ERISA life insurance lawyer in Alabama, contact our law firm today. You can also reach our Birmingham law office by calling (877) 249-0091.
Understanding ERISA
The Employee Retirement Income Security Act (ERISA) was signed into law in 1974. This federal law was originally intended to protect employee pensions, though its scope expanded to cover most employer-sponsored disability, life insurance, and retirement plans.
The lawmakers had good intentions, but insurers found major loopholes in the language of the law that could help them deny a claim and avoid paying out what workers have earned. Since ERISA is a federal law, it preempts any state insurance laws and creates a new set of rules to follow.
Issues with ERISA Life Insurance
The biggest issue with ERISA life insurance denials is that clients cannot file a bad faith insurance claim. Since ERISA supercedes Alabama state law, people are forced to go into an administrative appeals process in order to seek their benefits. The appeals process only gets more complicated and frustrating from there.
This is supposed to be your safety net after a tragic loss, but companies have learned how to use ERISA to take that safety net away from workers. Our Birmingham law office can help you fight for ERISA life insurance benefits that have been denied.
How Do I Know If My Life Insurance Is Governed by ERISA?
Most group life insurance policies offered by companies to employees are governed by ERISA. There are some exceptions, however. Plans NOT governed by ERISA include those provided by government employers or religious employers, or life insurance plans that are independent of your employer.
If you are not sure if your life insurance coverage is governed by ERISA, check with your employer or plan advisor.
When to Contact an ERISA Life Insurance Lawyer
As soon as you receive that denial letter, you should start looking for an ERISA life insurance lawyer near you. Acting quickly helps get this process started because the deadline to file an appeal is much sooner than people realize.
You Have a Limited Time to File an Appeal
If your life insurance benefits are governed by ERISA, you will typically have just 180 days to file your appeal. Missing that 180-day deadline means you will not be able to obtain these benefits through litigation.
As soon as you get your denial letter, you need to call our law firm to find out what steps you need to take next.
Why You Should Hire Sinclair Law Firm for Your Case
ERISA appeals are exhausting and stressful, especially with such tight deadlines and so much on the line. Insurance companies count on people giving up the fight and losing out on their benefits. Sinclair Law Firm has served the people of Alabama for many years. Our Birmingham law office will stay in the fight to help secure the life insurance benefits your loved one worked hard for.
Decades of Experience with ERISA Claims
Attorney Tom Sinclair began his legal career working for automakers and insurance companies. He realized his true calling was to help working people whose benefits were denied. Tom knows the tactics insurers use, and he knows how to structure ERISA appeals to provide the strongest legal foundation possible.
Insurance Companies Know Us By Name
We know for a fact that some insurance companies flag files whenever they see Tom’s name in them. It’s great to be noticed. Sinclair Law Firm uses this reputation of fighting for regular Alabamians to your advantage. They know who they’re up against, and we know how they operate.
We Offer Free Claim Reviews
You were likely counting on that life insurance policy to help out during a difficult time. Sinclair Law Firm offers free claim reviews so hard-working people all over Alabama can have access to good legal representation. Insurance law and ERISA are complicated, and Tom is here to give you straightforward information about your options.
We Can Work with Your Financial Situation
The death of a loved one can have major effects on your finances and household income. We get that, and Sinclair Law Firm can work with you based on your circumstances. We can discuss payment options and the challenges you’re facing during your free consultation.
Don’t delay. To request a free case review with a proven ERISA life insurance attorney, contact our Birmingham law firm today. If you prefer, you can also reach us by phone at (877) 249-0091.
Why ERISA Life Insurance Denials Are So Difficult
You may wonder why you need an ERISA lawyer if your life insurance benefits are denied. Here are some of the major issues people face with ERISA claims.
- Strict Deadlines for Appeals: As noted above, you have just 180 days to appeal for your denied life insurance benefits. These deadlines must be met, or you will forfeit your life insurance benefits.
- Specific Rules for the Appeal Process: You need to exhaust internal appeals with the insurance company before pursuing litigation, and this must be done while adhering to specific guidelines.
- No Juries in ERISA Cases: If your appeal is unsuccessful, you then take your ERISA life insurance claim before a federal judge. There will be no jury. The federal judge is solely responsible for assessing the denial of your life insurance claim.
- No New Evidence in ERISA Cases: The federal judge can only review the material you submitted as your appeal. No new evidence can be submitted. If you didn’t treat the appeal as a full and properly framed argument, your life insurance benefits hang in the balance.
- Complicated Standards to Overturn a Denial: Your appeal materials must demonstrate that the insurer was unreasonable for denying your life insurance benefits. This abuse of discretion standard is difficult to meet.
The Most Frustrating Aspect of ERISA Life Insurance Cases
On top of all these rules and challenges, a successful appeal or federal case only entitles you to the life insurance benefits that you were denied. You cannot seek additional compensation for pain, suffering, and other financial losses. You also cannot seek punitive damages for the insurance company’s abuse of discretion.
While the fight is difficult, our Birmingham law office will fight for your ERISA life insurance benefits on principle, and because you were counting on that money.
What to Expect During the ERISA Appeals Process
During the ERISA appeal process, Sinclair Law Firm will work with you to create the strongest possible case for you to receive the denied life insurance benefits.
Since new evidence cannot be provided if your case goes before a federal judge, your appeal needs to tell a convincing story to the internal review person at the insurance provider. The appeal also needs to serve as a solid legal foundation for a federal judge to find in your favor and award you those denied life insurance benefits.
Experienced ERISA life insurance lawyer Tom Sinclair and his Birmingham legal team can find that sweet spot.
We Craft the Appeal as If It Will Go to a Federal Judge
Tom will include what is required as part of the appeal and seek out additional supporting materials to strengthen your case. While the abuse of discretion standard can be difficult to prove, we have many years of experience with ERISA claims and understand how we can thread that needle for administrators and federal judges.
As we prepare your appeal and the case is internally reviewed, Sinclair Law Firm will provide regular updates so you are never left in the dark or confused.
What Happens If Your ERISA Life Insurance Case Goes Before a Judge
If your appeal is denied by the insurer, you can then bring your case to federal court for a judge’s review. Again, this is why hiring an Alabama life insurance lawyer familiar with ERISA claims is so important. Our Birmingham law office will take great care in forming your appeal so there’s evidence to support an abuse of discretion by the insurer.
We won’t mince words: there is a very low success rate for ERISA claims that go before a federal court in Alabama. However, working with Tom and his team can increase your chances of success in a very difficult fight.
Whatever happens, you can trust that Tom and his team will work diligently. We know that the system has let so many Alabamians down, but we’ll do our best to fight for you to the very end.
Contact Our ERISA Life Insurance Attorney in Birmingham, AL
Don’t risk losing your safety net after a loved one has died. The team at Sinclair Law Firm is here to help level the playing field if you feel pushed around by the system. To request a consultation with an experienced ERISA life insurance lawyer in Alabama, contact our law firm today. You can also call our Birmingham law office at (877) 249-0091.
ERISA Life Insurance FAQs
Life insurance claims can be confusing, and you likely have other concerns about paying your bills and keeping the lights on if your life insurance benefits get denied. We get it. The team at Sinclair Law Firm has compiled a list of common questions Alabamians have asked us about ERISA claims and life insurance benefits. If you have any additional questions, reach out to our law firm for answers.
Some of the most common reasons a person’s ERISA life insurance gets denied include:
- An alleged lapse in coverage
- Loss of benefits from termination
- Failure to convert coverage after leaving a job
- Alleged mistakes or misrepresentations on forms
- Failure to provide “proof of insurability”
- Disputes over beneficiary designation
Your denial letter will include the reason(s) for your claim denial as well as instructions on how to appeal. Your attorney can build a strong appeal based on the reason(s) your claim was denied, and look for strong supporting effort that helps demonstrate the abuse of discretion standard.
Under ERISA rules, a married person is required to list their spouse as the primary beneficiary of a life insurance policy unless the spouse provides written consent otherwise. Other possible beneficiaries include children, close family members, and other designated dependents.
If your ERISA life insurance benefits are denied, you’ll be asked to gather specific documents to help support your appeal. This may include:
- Death certificate
- Medical or employment records
- Plan documents
- Relevant communications with the employer or insurer
When you reach out to Sinclair Law Firm, we can give you a full list of what you’ll need. Tom and his team will discuss what other supporting evidence we’ll include to make sure you have a strong legal foundation in your appeal.
Yes, though that is not always the case. This is dependent on your employer and whether they allow retirees to maintain their life insurance benefits after they’ve finished working.
If you or your spouse has retired and you have concerns about your ERISA life insurance coverage from your old company, reach out to your plan advisor or old employer for more information.