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Minnesota ERISA Lawyer

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When you suffer a critical injury that prevents you from being able to do your job, you may be trying to figure out what options are available to you. How are you going to be able to continue providing for yourself and your family while you are unable to work?

Fortunately, many workers are protected under ERISA laws. Claims and lawsuits involving Minnesota ERISA can be quite complex. For this reason, it is essential that you get an experienced ERISA attorney at Kemmitt, Stanford & Kramer to advocate for your right to financial compensation. Schedule your free consultation today when you call our office at (877) 630-7338

Why Select Kemmitt, Sanford & Kramer to Help You

When you are looking for a Minnesota ERISA attorney, there a few key reasons why you should go with Kemmitt, Sanford & Kramer:

  • Our firm offers free, no-obligation consultations.
  • We are prepared to come to your home or hospital room if you need us to.
  • We always provide communication you can count on.
  • Our attorneys have recovered tens of millions of dollars in denied and unpaid workers’ compensation and ERISA benefits.
  • We work on contingency, so you do not have to worry about paying anything unless or until we win your case.
  • Our team will thoroughly analyze the details of your case to determine which legal strategy is going to produce the most favorable outcome for you.

What Is ERISA?

When you purchase any type of insurance policy through your employer, the plans offered are typically governed by the Employee Retirement Income Security Act (ERISA). ERISA protects employees in the event that their employer’s insurance provider denies their claim wrongfully.

If this happens, you have the right to file a federal lawsuit against your employer, the insurance company, and other parties who may have played a part in your claim for long-term disability benefits being denied.

When Should You Qualify for Long-Term Disability in Minnesota under ERISA?

When you become disabled and are unable to work for an extended period of time, or permanently, you may be entitled to long-term disability insurance benefits. If you purchased your long-term disability insurance policy through your employer, that policy is likely protected under ERISA.

Every long-term disability insurance policy is different. As such, the requirements and qualifications for being approved for long-term disability benefits can vary considerably. You can expect to need to provide medical documentation supporting your claims and potentially other evidence to support your case. Many insurance companies carry a list of qualifying conditions, and if yours isn’t on that list, they are far more likely to deny your claim.

However, it may be in your best interests to avoid using the doctors, lawyers, and other resources offered through your employer or the insurance company. These parties have long been known to use their positions to make it more challenging for employees to access the benefits that they are entitled to. Your ERISA attorney in Minnesota can help you get the help you need with finding the appropriate doctors and other resources that will prioritize your needs without a hidden agenda.

Mistakes to Avoid When Applying for ERISA Group Disability Benefits

It is critical that your application for benefits be as accurate and complete as possible if you hope to get your claim approved. For this reason, it may be wise to get a dedicated attorney working on your case as soon as you are diagnosed with an injury or illness that will keep you out of work for the extended future. Do not make the mistake of filing your claim without the assistance of an experienced Minnesota ERISA lawyer.

Other mistakes you may want to avoid include:

  • Posting about your condition, limitations, or lack thereof on social media
  • Using your employer’s attorneys
  • Participate in activities that could exacerbate your condition
  • Failing to get a second opinion from a neutral party or one advocating for your rights

These are just a few of the more common mistakes people make when seeking ERISA group disability benefits. You can take steps to protect yourself and your opportunity to obtain your long-term disability benefits by making sure your initial application is as thorough and accurate as possible. This way, the insurance company will have a more difficult time finding reasons to deny you the benefits that are rightfully yours.

How to Appeal a Long-Term Disability Denial in Minnesota Under ERISA

If the insurance company denies you your right to long-term disability benefits, you have the right to file an appeal. Here, your attorney can submit an appeal to the benefit plan administrator in an attempt to get the insurance company to reverse their initial denial. However, if they remain stubborn in their decision to deny your claim, you will then need to be prepared to challenge the denial in court.

ERISA is a federal law, so you can expect your case to be heard in federal court. This is where you, with the assistance of your ERISA attorney, will be able to present evidence that supports your entitlement to long-term disability benefits.

Due to the fact that many insurance companies and employers want to avoid having to be brought to federal court, the majority of appeals are typically resolved with the benefit plan administrator and insurance company. If you have additional questions regarding what to expect during ERISA appeals process, contact our office for more information.

Get Help From an ERISA Attorney in Minnesota

When you opt in to certain benefit programs offered through your employer, and the insurance company fails to provide you with the benefits that you have already purchased, you may have the right to pursue a case under Minnesota ERISA laws.

Find out what your next steps should be when you contact an experienced Minnesota ERISA lawyer at Kemmitt, Sanford & Kramer. Our firm offers free, no-obligation consultations to prospective ERISA claimants across the state of Minnesota. Claim yours when you fill out our online contact form. Or, give our office a call at (877) 630-7338 to get started today.

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