If you’re thinking of filing or ready to file an ERISA case, call the experienced ERISA attorneys here at Littman & Babiarz Law Office today for a free consultation.
ERISA is an acronym for the Employee Retirement Income Security Act of 1974, a federal law which regulates company employee benefit plans. Specifically, ERISA applies to what are called employee welfare benefit plans and employee pension plans.
ERISA does not require employers to provide benefit plans. However, when they do, they are required to follow ERISA’s guidelines regarding minimum eligibility, vesting, disclosure, and funding. There are fiduciary rules as well, which are applied to the trustees and others who manage and administer these plans. If the rules are violated, the perpetrator can be held personally liable for any harm caused.
What Will my ERISA Attorney do for me?
Here at Littman & Babiarz Law Office, we represent participants and beneficiaries who have had their benefits incorrectly calculated or denied, as well as any other type of benefits issues that arise with your employer or insurer.
If you have had a benefit claim denied, for example, we will review the plan’s decision and any other relevant records, and then write an appeal letter, along with supporting evidence, arguing that the benefit denial should be overturned or that the benefits should be granted or reinstated.
When appeals are unsuccessful, a case can be brought in federal court arguing that the plan’s decision was arbitrary and capricious, and asking for the benefits to be granted and attorneys’ fees and court costs be awarded to the participant.
What Types of Situations can an ERISA Attorney Help me with?
Benefit denials aren’t the only situation that the experienced ERISA attorneys at Littman & Babiarz Law Office can help you with.
We can also help in situations where you believe your retirement benefits have been incorrectly calculated, you were offered severance and want to ensure you are not waiving any other rights or benefits by accepting it, need a QDRO to access an ex-spouse’s retirement benefits under the terms of your divorce, or you do not understand your rights under your benefit plan.
And these aren’t all. Call us with any ERISA question or issue you’re having, and we can get started on helping you out.
The ERISA attorneys at Littman & Babiarz Law Office have been helping those injured in central New York for over 30 years. We have law offices in Auburn and Ithaca NY, and are eager to support clients throughout Lansing, Watkins Glen, Owego, Elmira and the surrounding Tomkins County, Seneca County, Cayuga County, Cortland County, Schuyler County, Chemung County, Tioga County, Yates County, Onondaga County and Broome County communities.