North Carolina ERISA Insurance Claim Lawyers

The ERISA insurance claim lawyers at Hendren Redwine & Malone PLLC have helped numerous North Carolina clients recover millions of dollars from a denied ERISA insurance claim. Attorney Mike Malone handles each case personally and has tremendous experience litigating ERISA claims in the courts of North Carolina. We have the experience and knowledge to help you and determine the next steps for your claim.

What is ERISA?

ERISA is a very complicated statute that was first passed in 1974 as the Employment Retirement Income Security Act. As ERISA cases have been interpreted by the courts over the years, ERISA applied to almost every benefit that an employee, or family member of any employee, has a result of their employment.

The types of benefits that are typically covered by the ERISA statute include:

• Life Insurance
• Accidental Death and Dismemberment Insurance (AD&D)
• Retirement and Pension Benefit Plans
• Disability Insurance
• Health Insurance
• Dental Insurance

What Employer Plans are covered by ERISA?

ERISA covers most private sector employer benefit plans. For instance, if you work for a large company such as Apple or IBM, it is very likely that your benefit plans are subject to the ERISA statute.

Government sponsored plans are typically not covered by ERISA but these plans may be subject to certain rules by state law. For instance, in North Carolina, the State Employees Health Plan is not subject to ERISA.

To determine whether your benefit plan is covered by ERISA, you can contact someone in Human Resources or review the language in your plan. If you cannot determine whether your plan is covered by ERISA, give attorney Mike Malone a call at 919-573-1423 and we can help you determine your rights under the plan and whether ERISA applies.

Who is subject to the ERISA rules?

While it would seem logical that only the employee would be subject to the ERISA statute and rules, such is not the case. The rules of ERISA will apply to any beneficiary under the subject plan including spouses and children.

What happens in a North Carolina ERISA case?

If you are a beneficiary of a North Carolina ERISA plan or policy and the insurance company does not evaluate your claim properly, you have specific rights under ERISA. These rights are very complicated and have been the subject of hundreds of legal cases over the years. Because ERISA is a federal statute, these cases are almost always in federal court.

The first step in an ERISA case is preparing an appeal of the decision. Attorney Mike Malone has significant experience helping North Carolina clients prepare and win an ERISA appeal. To read more about an ERISA appeal, please follow this link: ERISA appeal.

If the appeal is not successful, then the second step in a North Carolina ERISA case is filing a lawsuit in federal court seeking the denied benefits. Once in court, an ERISA case is still very challenging.

Depending on the language of the plan, some courts will not reverse the insurance company’s decision to deny benefits unless the court concludes that the insurance company plan administrator “abused its discretion.” Knowing how to present a case that illustrates and insurance company’s abuse of discretion is a very important part of litigating an ERISA claim.

Do I Need an Attorney for My ERISA Case?

ERISA cases are very complicated and usually involve litigation in federal court. If you need an ERISA lawyer for your North Carolina ERISA case, please contact attorney Mike Malone. Mr. Malone has litigated ERISA cases in all of the federal courts of North Carolina and recovered millions of dollars for our clients.

Mr. Malone can be reached directly at 919-573-1423 or by email at mmalone@hendrnemalone.com.