Interview: What To Do About a Denied ERS Claim

Texas employees can receive benefits through the Employee Retirement System, or ERS. This can cover health care, dental care, life insurance, and many other types of benefits. However, if things don't go according to plan, you may need help with a denied ERS claim from an attorney familiar with the system.

In this interview, attorney Stephen Nagle explains what you should do if your ERS claim is denied. He stresses the importance of speaking to an attorney with experience handling these types of claims and denials.

Appealing a Denied ERS Claim Requires Professional Help

Once the administrative law judge makes the decision, appealing this decision is very difficult. You can file a lawsuit, but the deck is stacked against you if you don't like the decision made by the judge and approved by the board. You can only use evidence that was first admitted in front of the administrative law judge: you can't introduce new evidence.

He says that if you've been issued a denial, you need to speak to an attorney as soon as possible. You have 60 days from that denial to issue a new appeal. If you wait too long, your lawyer won't have enough time to prepare a rebuttal. The appeals process is complicated, involving appeals both within the insurance company and with the ERS.

Stephen Nagle is a lawyer in Austin, TX who handles ERS, ERISA, and insurance claims. He can be reached at 888-592-0926.


Topics covered in this video:

  • What is the ERS?
  • What is the difference between ERS and ERISA?
  • Who is eligible to receive ERS benefits?
  • What is the ERS appeals process?
  • When should you call a lawyer?
  • Why do you need a lawyer to help with the appeals process?
  • Do you need a lawyer with ERS appeal experience to represent you in the hearing?
  • At what point should you get a lawyer involved?
  • Will the ERS help you with your appeal if your claim is denied?

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.


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