Employee Benefits, Insurance, & ERISA Litigation

Texas Employee Benefits Attorney • Dallas Benefit Denial Lawyer
James L. Johnson
The Johnson Law Firm
Insurance Coverage Disputes • Disability • LTD • STD • Health • Life • Accidental Death • ERISA

If your insurance claim or employee benefit claim has been denied, you need to put an experienced attorney at your side. Contact us at the insurance and employee benefits law offices of The Johnson Law Firm. I know the relevant laws and how employers and insurance companies try to get around them.

ERISA: Employee Retirement Income Security Act
If you work for a company that provides employee benefits packages, you or your beneficiaries may be entitled to the benefits offered under those packages. The federal Employee Retirement Income Security Act (ERISA) provides minimum standards that employers must meet to ensure that plan participants are provided with plan information, that those plans are administered responsibly, and that employees or their families receive all legally-due employee benefits.

ERISA plans may provide benefits through an insurance policy or may be self-insured by the employer. They may provide health/medical, long-term disability (LTD), short-term disability (STD), life insurance, benefits for loss of life or accidental death, or retirement/pension benefits. Some plans cover only occupational accidents.

Many workers have never heard of ERISA until they’ve been denied an insurance benefit. That’s why it is so important to contact us at The Johnson Law Firm. You should speak to an attorney as soon as your benefits claim has been unfairly denied.

ERISA claimants are entitled to administratively appeal the denial of their claims, and generally must do so before filing a lawsuit. The administrative appeal is very important. It offers the best opportunity for you to submit additional evidence supporting your claim. Courts generally refuse to consider evidence that was not submitted during the administrative process. With my long experience with ERISA cases, I can help you make the most of the administrative process.

If litigation becomes necessary, ERISA claims can be filed in federal court. ERISA cases are usually decided on the basis of written motions, and all the federal courts in Texas use electronic filing of such motions and other submissions. Travel to the courthouse is seldom necessary. I am admitted to practice in all four of the districts into which the Texas federal courts are organized. The Northern District consists of divisions in Dallas, Fort Worth, Abilene, San Angelo, Amarillo, Wichita Falls and Lubbock. The Southern District consists of divisions in Galveston, Houston, Laredo, Brownsville, Victoria, Corpus Christi and McAllen. The Eastern District consists of divisions in Tyler, Beaumont, Sherman, Marshall, Texarkana and Lufkin. The Western District consists of divisions in Austin, Waco, El Paso, San Antonio, Del Rio, Pecos and Midland-Odessa.

Texas Insurance Code and Texas Common Law
Some insurance coverage, such as an individual policy or automobile policy, is not governed by ERISA and is instead subject to Texas law. The Texas Insurance Code and Texas common law provide several remedies for improper or bad faith insurance claim denials or misrepresentations made to sell insurance coverage.

Misrepresentations that may result in liability include deceptive or misleading representations about the terms of an insurance policy or the benefits promised by the policy.  A misrepresentation may include an untrue statement of material fact, or a failure to state a material fact necessary to make other statements not misleading under the circumstances, or making a statement in a manner that would mislead a reasonably prudent person to a false conclusion of a material fact.

Employee Benefits Litigation, Insurance Litigation, and ERISA Litigation

  • Health/medical insurance claims
  • Insurance coverage disputes and insurance policy litigation
  • Disability claims
  • Bad faith claim denials
  • Employee benefit denials
  • ERISA administrative appeals
  • ERISA litigation
  • Accidental death and disability (AD&D) claims
  • Short-term disability (STD) claims
  • Long-term disability (LTD) claims
  • Life insurance claims
  • Retirement/pension benefit claims
  • Automobile insurance claims

We do not handle workers’ compensation cases.

Free Consultation • Contingency or Hourly Fees

James L. Johnson has more than twenty-six years of experience litigating insurance claims throughout Texas, particularly in northeast Texas. We also represent ERISA clients statewide.

Call us at the Texas ERISA and Dallas insurance law attorney’s office of The Johnson Law Firm for a free consultation.

James L. Johnson
The Johnson Law Firm
Texas Employee Benefits Attorney
Dallas Benefit Denial Lawyer
6500 Greenville Avenue, Suite 345
Dallas, TX 75206
Phone: 214-363-1629 Fax: 214-363-9173
Texas employee benefits attorney, James L. Johnson, of The Johnson Law Firm provides employee benefits, benefit denial, health insurance coverage dispute, disability claim, and ERISA litigation legal services to clients in north Texas, east Texas, and throughout the greater Dallas metropolitan area, including Dallas County, Denton County, Collin County, and the D/FW Metroplex of Dallas and Fort Worth, and cities such as Arlington, Denton, Waco, Tyler, Athens, Jacksonville, Amarillo, Midland, and Plano. The firm accepts ERISA cases statewide.