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Tuesday, June 7, 2011

What is an ERISA Plan?

An ERISA Plan is a group benefit plan that is subject to the federal ERISA law. That is any benefit plan offered by a private employer, not a government or a church.

An ERISA Plan may also refer to the document that spells out the benefit plan's terms.

If you are making a claim under your employer's ERISA benefit plan, be sure to read the plan's terms to see if you qualify for benefits. Courts enforce the language in ERISA Plans to the letter. You will not know what you have to show to get the benefit you are seeking if you do not know the terms of the Plan.

If your ERISA claim is denied, you should immediately contact an attorney that handles ERISA claims and lawsuits to assist you with your appeal. Your ERISA Plan should spell out the claim appeal procedures. However, it likely will not tell you that you have to appeal to the administrator before you can file a lawsuit. It also will not tell you that if you fail to get all of the evidence submitted that you will want considered in a lawsuit, then you will not be allowed to submit the evidence in court. You may feel you can appeal your claim on your own, but we recommend that you at least get an opinion from an ERISA lawyer before you submit the appeal to make sure you are doing what you need to do.

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim or ERISA Disability benefit claim, call ERISA Disability Lawyer John Tucker at (866) 282-5260 for a free consultation.

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