ERISA, also known as the Employee Retirement Income Security Act of 1974, sets specific standards for employee benefits such as accidental death insurance, disability insurance, life insurance, health plans, and retirement plans. This federal law also applies to private employers and the plans they offer but does not require employers to offer ERISA benefits. Just because an employer provides benefits, does not necessarily mean that they are governed by ERISA laws.
The attorneys at the Law Offices of J. Price McNamara can determine if your employee benefits are governed by ERISA laws and help you recover any benefits or losses that you have suffered if your employer breached ERISA.
It can be difficult to distinguish between benefits that are controlled by ERISA and those that are not, but those differences are critical in determining whether your employer has broken the law or not. Our attorneys can help you understand the differences and assist you in obtaining benefits to which you are entitled. To determine if a benefit is covered by ERISA, the following should be considered:
Just like other insurance companies, an insurance plan sponsored by an employer is in the business to minimize payments and benefits and make money. This means that the plan administrator will often deny claims. That makes it important for you to have legal representation if you have been denied benefits.
The first part of filing an ERISA claim is to submit a basic claim to the plan administrator. If the claim is denied, the second phase will include filing an administrative appeal that will typically be overseen by the ERISA plan, insurer, or representative. This part of the claim is critical because all information is required to be supplied and will not be allowed to be added in subsequent litigation. If you lose the administrative appeal, you can then file a lawsuit, but it must be made in a timely manner.
ERISA matters are not for the do-it-your-selfers or the inexperienced. There are too many pitfalls and mistakes that can be made that can result in a loss of benefits. This makes it essential to have an experienced ERISA attorney on your side. Your attorney will ensure that all information is submitted in a timely manner and work to eliminate any critical errors that may result in a failure to obtain benefits. Contact the Law Offices of J. Price McNamara today to schedule a consultation.
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I found Mr. McNamara to be practical and efficient. He did what I needed in a reasonable amount of time, keeping me well informed and with excellent results. He communicated with me clearly and on a timely basis. I will use him in the future.
I am a current client of Mr. McNamara’s. He is very accessible and responds to my emails and phone calls in a timely manner. I find him to be very professional and knowledgeable, as well as ready, willing and able to address all of my questions and/or concerns.
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I would recommend Mr. Mcnanmara to anyone at any time. He was the best attorney that my family and I came in contact with. About three years ago we had a very tragic, accidental death in our family and the company knew that it was their fault but of course tried passing the buck. Mr.
Price and Sara are great. They helped us in a time of need. Their communication was always spot on and I never felt out of the loop with what was going on with our case.
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