Why Hire An ERISA Attorney?
Austin ERISA Attorney Stephen G. Nagle Knows How To Protect What Is Rightfully Yours
Filing an ERISA claim is quite an arduous process. Even attorneys who specialize in insurance shy away from such cases because of how different the law is under ERISA. To file – and eventually win – an ERISA claim requires a unique professional with specific knack for this type of litigation. Austin ERISA attorney Stephen G. Nagleis one such lawyer who specializes in ERISA.
If you are involved in a dispute with your insurance provider and are ERISA, you should immediately consult with an Austin long term disability insurance attorney. Consulting with an attorney is an urgent matter in an ERISA case, because the rules governing ERISA are very complex and you may have only one chance to raise certain legal arguments.
A crucial step in an ERISA complaint is the initial claim, which happens before the case reaches the courtroom. In the initial claim, you are required to exhaust your administrative remedies before you file a lawsuit by trying to resolve the dispute with your provider. This is an important part of your case because you are building your “administrative record.” If you cannot settle your dispute administratively, and subsequently file a lawsuit, the court will be primarily concerned with the administrative record.
Why is your administrative record so important? It is tough to overturn a denial of ERISA benefits in court because the insurance company only needs to show a small amount of evidence to support its decision to deny benefits. The judge will review your claim and the accompanying administrative record. If you made errors during the application process or failed to provide adequate support for your claim, your chances of winning will be marginal. Therefore, your administrative record in the initial claim should be as strong as possible to reduce the odds of denial in the first place. Stephen G. Nagle is an Austin ERISA lawyer who knows what the administrative record needs in order to build a solid case. If you try to prepare your initial claim on your own, you could make innocent but crucial mistakes that will affect the outcome if your insurer denies your claim and you file an appeal.
If you do face a denial and need an appeal, legal counsel is extremely important. Benefits appeals under ERISA are federal court cases; handling a case in federal court under complex federal law without an attorney is akin to performing your own surgery. Professional legal representation will increase your chance of prevailing in court and give you peace of mind that your case is in the best hands.
Do not try to handle an ERISA lawsuit by yourself. Deadlines are strictly enforced and the paperwork is harder than you think. Too much is at stake; your financial future and your well-being are at risk if you lose your claim. Contact Stephen G. Nagle & Associates and let us help you along the road to recovery.