ERISA is a law that protects you from your employer’s fraud and deception, but you have to know how to bring the claim. You could be agreeing to an arbitration clause without even realizing it; if you lose your job, your ERISA rights are suddenly cut out. Here are seven ways a lawyer can prevent your ERISA claim from being denied.
1. Get A Good Attorney
The quality of your attorney determines how well the case will go. If you’re in it for the money, get a lawyer who understands that. Look up lawyers who specialize in ERISA cases and see which one you get along with the most. You can learn more about ERISA claims from lawyers who specialize in them.
2. Preparing The Claim
The first thing the lawyer can do is have an attorney draft a claim. This could prevent the loss of any proof or notice. The claim could be written so that it can be easily understood by the ERISA administrator or your employer so that the ERISA administrator and your employer know the action you are taking.
3. File The Right Paperwork
You have to be mindful of the paperwork you’re submitting. It has to meet the bare minimum requirements before it can be considered. You can’t file something incomplete because the court won’t accept it. Also, the court may not accept a letter as proof of a claim. The document that you submit must be filled out entirely and truthfully.
4. Have Good Evidence
You can’t win a case without evidence, so make sure you have good evidence behind your claim. You could be sued for medical care or stock options; make sure you have everything that has to do with it in writing and keep it in one place for easy access later.
5. Have The Right Witnesses
If you have witnesses to support your case, this will strengthen your case greatly. Not only could their testimony prove what you have said is true, but they will also provide a way for the lawyers to see if there is a strong case against your employer. Your witnesses should be credible and have some evidence.
6. Get Your Documentation In Order
To make a case against your employer, you need something that shows how they are doing wrong. People get tired of sending documents and having to show up for court; make it easier on yourself by having all the documentation filed away.
7. Keep Track Of Your File
Keep track of the progress on your case. If you don’t, it will get pushed aside, and you might not return to it again. This is something that many people forget, leaving them without knowing about their case or without knowing how the case is going. You need to keep an eye on it and let it move because if you don’t take care of your record-keeping, no one else will.
There are many ways to prevent your ERISA claim from being denied, but it all comes down to you. It’s amazing how many people have ERISA claims that they never get around to doing anything with. Because of this, you should start looking into your case immediately and think about what it will take to win against your employer.