If you are currently the holder of a long-term disability plan which your employer sponsors, you should know that the Employee Retirement Income Security Act of 1974, also known as ERISA, controls your plan and also sets the minimum federal standards for your plan. Under ERISA, both your employer and any plan administrators are not allowed to interfere you’re your plan in such a way that it precludes you from pursuing or obtaining the long-term disability benefits (and other benefits) to which you may be entitled.
In cases where a plan administrator or employer unlawfully interferes with your right to claim benefits under an ERISA plan, then you may be eligible to file a legal complaint in the federal court system. Dallas ERISA litigation attorney J. Price McNamara of the Law Offices of J. Price McNamara can assist you with all aspects of litigating your claim through the federal court system. Feel free to contact us online today to discuss your case – and your litigation options – in further detail.
Pursuant to federal ERISA law, employers and plan administrators are expected to act in good faith and to deal fairly with plan participants when it comes to long-term disability benefits and other benefits available to them under an ERISA plan. When they fail to do so, they may have intentionally or negligently breached a fiduciary duty, and that breach could result in federal court litigation.
An employer or plan administrator could breach a fiduciary duty by negligently managing plan assets or wrongfully misappropriating those assets. The employer might also wrongfully attempt to terminate an employee who is attempting to exercise his or her legal rights under the plan.
Since ERISA is a federal statute, any lawsuit arising out of an ERISA policy must be filed in the federal court and make its way through the federal court system. If you and your Dallas ERISA litigation attorney mutually decide to file a lawsuit in federal court arising out of one or more of these breaches, keep in mind that federal court litigation can take a long time. There are also numerous time deadlines which must be satisfied in order to avoid harmful consequences to your case.
Litigating an ERISA case through the federal court system requires experienced legal representation by someone who has significant federal court experience. At the Law Offices of J. Price McNamara, Attorney McNamara pursues ERISA litigation in federal court on a regular basis and understands all of the steps in the process. Attorney McNamara will be a zealous advocate when litigating your federal ERISA case and will do everything possible to help you obtain the best result possible from your federal court litigation. To schedule a free legal consultation and case evaluation with a long-term disability lawyer in Dallas, contact us online today to discuss how we could assist.
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