Hi, thank you for asking your question today. The other Experts and I are working on your answer. By the way, it would help us to know:
What is the nature of ERISA issue?Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
i have an account with you that i have detailed this. I am not sure if you see my past questions but if you do not, please let me know to i may start from the beginning with great detail
i have an erisa case because my insurance company dropped me after 5 years because they did not get 1 piece of information from 1 doctor. i hired a lawyer to apeal but they denied twice so now i have to file and erisa case but cant afford 330.00 an hour that the lawyer wants to charge me and i will to file on my own but dont know how or where to start. I have all my paperwork needed from the insurance company 3500 pages worth of doctors forms for the past 5 years. how do i file the erisa?
You will need to draft a complaint identifying the facts, illegal actions, and the relief wanted. You will file a complaint with the court, pay the fee and have it served on the company. This is not an easy task to complete. To properly draft a complaint dealing with ERISA law you should get an attorney.
I have attached a sample complaint I found online http://www.dol.gov/ebsa/pdf/1-12-cv-13726-TLL-CEB.pdf
You will need to create a similar document with you facts and issues for the court. Make sure the proper court is in the caption. The court will provide you a case number you should leave that blank.
You will need to make sure the defendant is served with the complaint. Check with the court clerk on how service can be completed.
After properly filing and service the case is initiated. Thee will be a lot of correspondence after the suit is filed. Much of this is electronic (on the web) you should ask the clerk how to get access to documents electronically filed, and how you can file responses to electronic filing.
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thank you for the example but i am not sure where i am to file? is there and web that i do it? I looked everywhere and i do not see how i start the action???
I cannot afford a lawyer and thats the only reason i dont have one. I am on a very low budget since they stopped paying me after my 20 years of service with them.
IF you were my lawyer, how would u start the process of filing or I should say WHERE?
You will have to go to the federal court in Philadelphia, or in NJ where you live. since Aetna sells insurance nationwide you should have no jurisdiction or venue problems. The case could be moved to Philadelphia is Aetna requests it.
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