Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

to i am filing an Erisa civil action with Aetna insurance and

Customer Question
i live in the state...
to i am filing an Erisa civil action with Aetna insurance and i live in the state of New Jersey and my employment was Philadelphia. I understand that this must be done as a federal filing but how do i begin to file? is there a web-site that i file with or do i have to fill something out somehwere?
Submitted: 4 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
4/1/2013
Lawyer: Jack R., Attorney replied 4 years ago
Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6,147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Verified


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.

Ask Your Own Legal Question
Customer reply replied 4 years ago


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

Lawyer: Jack R., Attorney replied 4 years ago
I have not seen any information on this question or any comments from other experts
Ask Your Own Legal Question
Customer reply replied 4 years ago


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?

Lawyer: Jack R., Attorney replied 4 years ago

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.

 

 

Please press accept at the appropriate level of service so I may get credit for my answer. If you have further questions please ask.

 

 

Ask Your Own Legal Question
Customer reply replied 4 years ago


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?

Lawyer: Jack R., Attorney replied 4 years ago

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.

 

Please press ACCEPT and the appropriate level of service so I may get credit for my answer. If you have further questions please ask.

Ask Your Own Legal Question
Lawyer: Jack R., Attorney replied 4 years ago
I would like to understand why you rated this poor service. Your question was where to file and this question was answered with 2 potential options. Your rating is very important and should reflect the answer not your situation.
Ask Your Own Legal Question
Ask Jack R. Your Own Question
Jack R.
Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6,147
6,147 Satisfied Customers
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.

Jack R. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
What is needed to answer a civil action against me. In the
What is needed to answer a civil action against me … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
Federal court. If judge issued an Order for a case status
Second opinion] Federal court. If judge issued an Order for a case status report "no later than 7 days" from 12/27/2017, what is the latest possible date and hour to respond? And what happens if that … read more
Amadeo Rivera
Amadeo Rivera
JD
82 satisfied customers
The actual law that references civil actions and a statute
The actual law that references civil actions and a statute period of limitation is 735 ILCS 5/13-205 HERE IN ILLINOIS...I MADE A MOTION TO DISMISS ILLINOIS Case # ***** for failure show proof of a cla… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,848 satisfied customers
In Arizona does a juror in a civil action have the right to
In Arizona does a juror in a civil action have the right to submit written questions to the witnesses? Please provide citation. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,547 satisfied customers
I want to file a Complaint in Federal court against the
I want to file a Complaint in Federal court against the Federal Energy Regulatory Commission under the Administrative Procedures Act. The case meets all 4 prongs of the test to determine if the facts … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I have a civil Action Order for mutual civil Restraints. How
Hi ! I have a civil Action Order for mutual civil Restraints. How can i have this remove or dismiss … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
How are you? my question is how can i have a civil action
Second opinion] hello how are you? my question is how can i have a civil action order for mutual civil restraints dismiss… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
I received a civil action cover sheet for a credit card debt
I received a civil action cover sheet for a credit card debt collection today. What do I need to do? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I have been served with a civil action for none payment of a
I have been served with a civil action for none payment of a credit card balance. I know I owe them does this mean I have to get a lawyer and go to court. I am unable to pay for a atty. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have sued a family Court judge in Federal Court under US…
I have sued a family Court judge in Federal Court under US…However, a duly elected or appointed judge who makes decisions within the scope of his judicial authority and upon the presence of subject ma… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
When a federal court concludes that it lacks subject-matter
When a federal court concludes that it lacks subject-matter jurisdiction, and then states "the court must dismiss the complaint in its entirety." Do they mean, remand it to state court if it has been … read more
Legal Expert Justin
Legal Expert Justin
Law Degree
229 satisfied customers
In a Michigan civil action I need to answer a verified
In a Michigan civil action I need to answer a verified complaint with a verified answer. What is the language I need on the attestation and does it have to be notified?… read more
KLAW
KLAW
Juris Doctorate
1,770 satisfied customers
Trying to file a civil action suit against a contractor who
Trying to file a civil action suit against a contractor who cashed a $15,000 deposit check and never did any work. Contractor is sitting in jail on other charges. Paperwork is asking which civil statu… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
When requesting documents from the federal court, they ask
When requesting documents from the federal court, they ask whether you want the documents certified or not. What's the legal difference from receiving documents from the court that have been certified… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I NEED TO FILE A ASWER ON A CIVIL ACTION SUMMONS. FLORIDA
I NEED TO FILE A ASWER ON A CIVIL ACTION SUMMONS JA: What state are you in? It matters because laws vary by location. Customer: FLORIDA JA: Has anything been filed or reported? Customer: NO JA: Anythi… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
In federal court can prior settlement communications be
In federal court can prior settlement communications be discussed in a motion to compel arbitration?… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,323 satisfied customers
In a civil action the plaintiff files a motion to strike and
In a civil action the plaintiff files a motion to strike and dismiss counter claim. A hearing date is set and on that day we show up for court. We are told to have a seat and someone will call us when… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers
On 8/31/17, I prevailed in a Civil Action (Breach of
On 8/31/17, I prevailed in a Civil Action (Breach of Contract, Fraud in the Inducement, and Unjust Enrichment) against my Landlord. The jury ordered at Judgment @ $15,000 in my favor. I did not get wh… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x