what does an erisa lawyer do

An ERISA lawyer is someone who specializes in the laws governing employee benefits plans. An ERISA attorney can help you file a claim for benefits, and if your claim is denied, file an appeal of the denial, and if the appeal is denied, file a lawsuit against the insurance company that is denying your benefits.

Full Answer

Who is subject to the federal law ERISA?

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law designed to protect workers who are relying on health insurance, retirement plans and other benefits that their employers have promised them.

What benefit plans are subject to ERISA?

• Public school district healthcare plans
• State-established optional retirement plans for university employees
• Firemen’s pension funds
• Claims for benefits under group disability policies issued to The National Guard Association
• Claims by city employees against their health insurers

Who is subject to ERISA?

Who Is Subject To Erisa? Any employer who provides pension plans to its employeesis subject to ERISA. This law also applies to several other types of employee benefit plans, including: Health and dental insurance plans. Unemployment benefits. Dec 7, 2020 Who is exempt from ERISA? government employers

Does ERISA apply to me?

The protective laws under ERISA only apply to private employers (non-government) that offer employer-sponsored health insurance coverage and other benefit plans to employees. ERISA does not require employers to offer plans; it only sets rules for benefits that an employer chooses to offer.

What is an ERISA lawsuit?

ERISA litigation refers to the process of taking legal action involving a pension, disability, or health benefit plan governed by ERISA. Most ERISA litigation is filed by an employee or former employee against their employer or insurance company.

What are the ERISA rules?

ERISA prohibits fiduciaries from misusing funds and also sets minimum standards for participation, vesting, benefit accrual, and funding of retirement plans. It also grants retirement plan participants the right to sue for benefits and breaches of fiduciary duty.

How do I file an ERISA lawsuit?

With an ERISA case, a lawsuit is usually initiated by filing a summons and a complaint in the United States District Court. Once a suit is instituted, the defendant is allowed between 21 to 42 days within which to file an answer and any counterclaims with the court.

What is an ERISA violation?

Under ERISA, anyone who exercises discretionary authority over plan assets or plan management has a fiduciary duty toward the plan's participants. As a result, fiduciaries must run the plan solely for the benefit of its participants, and failure to do so is an ERISA violation.

How does ERISA protect an employee?

ERISA protects the interests of employee benefit plan participants and their beneficiaries. It requires plan sponsors to provide plan information to participants. It establishes standards of conduct for plan managers and other fiduciaries.

What is an ERISA claim for benefits?

The regulations under ERISA define a claim for benefits as a request for a plan benefit or benefits made by a claimant in accordance with a plan's reasonable procedure for filing benefit claims. See 29 C.F.R. § 2560.503-1(e). All plans are required to have reasonable procedures for filing benefit claims.

Are punitive damages available under ERISA?

Russell, 473 U.S. 134 (1985), that neither extracontractual nor punitive damages are available under ERISA.

What are ERISA appeals?

ERISA is a pro insurance federal law which requires that you submit an ERISA appeal if your claim has been denied. Generally speaking, an ERISA appeal is your only opportunity to submit additional information in support of a denied claim.