Pueblo ERISA Claims Lawyer

Pueblo ERISA Claims Attorney

An ERISA (Employee Retirement Income Security Act) claim is brought whenever an employee encounters issues related to their benefits. This can be an instance where they have been denied health insurance, a retirement plan claim, or any other issues under an employer-sponsored plan. It can be overwhelming to try and navigate these claims alone, which is why it’s recommended to hire a skilled Pueblo ERISA claims lawyer for assistance. Our expert lawyers team at McDermott Law, LLC is ready to provide the guidance and support you need to navigate the complexities of your ERISA claim.

At McDermott Law, LLC, we have spent years demonstrating our dedication to helping protect the rights of our community under ERISA. We have a wide range of experience handling many different ERISA claims, including those that impact someone’s ability to secure long-term disability, tap into their pensions, or leverage their health benefits. Fighting for our clients’ benefit is our team’s personal passion, which is why we’re always standing by to help.

What Are the Most Common Types of Disputes Found Under ERISA?

There are many different types of disputes that we deal with on a regular basis under ERISA. All of these are related to some form of employer-sponsored benefit plans, like retirement benefits and disability claims. Some of the most common issues we find come through our doors include:

Someone Has Been Denied Benefit Claims

Helping clients deal with a denied benefits claim is one of our most popular services. There are many different reasons why someone might have been originally denied, such as not having enough medical evidence to receive a disability claim, missing an important deadline, or experiencing a disagreement over whether or not a treatment is covered under a health plan. When this happens, we feel the frustration of our employees and help them defend their rights. Our disability law lawyer is here to assist you in overcoming these challenges.

Fortunately, employees have a right to file an appeal for any denied ERISA claim. We help our clients navigate through this process to ensure we are doing all we can to have the original decision reversed. This process will include reviewing all of the plan’s documents, understanding the specific reason why it was denied in the first place, and spending time gathering new evidence that can make the claim more likely to be approved the second time around.

Mismanagement of Retirement Plans

Employees place a lot of trust in their employers’ proper management of all of the funds they stow away for their retirement days. The two major accounts used for retirement are 401(k)s and pensions. However, when funds are mishandled, disputes can result. This includes scenarios where poor investment choices were made, unnecessary fees were added, or there was an outright misappropriation of funds. This can jeopardize an employee’s retirement security.

Breach of Fiduciary Duty

Any plan administrator or employer who manages an employee benefit plan is considered a fiduciary. This means they are legally responsible for acting in the interest of the plan’s participants. If they were to breach this duty, like prioritizing their own financial gain over their employees or neglecting to supervise the plan’s assets properly, they could be held liable. A lawyer will be able to navigate the complexities of fiduciary responsibilities to pinpoint the issue.

Improper Plan Amendments or Terminations

Another allegation employers face is making a change to a plan, or even terminating one, without following the proper procedures that have been set in place to protect the employee. ERISA requires employers to alert any relevant employees when a significant amendment is being made to their plan, such as a change in coverage or premium. Failing to follow these rules can lead to employees seeking to restore their lost benefits.

FAQs

Can ERISA Claims Be Brought in State Court?

In most cases, ERISA claims are not able to enter state court as ERISA is a federal law. Because of this, most claims will fall under federal jurisdiction. ERISA trumps any state laws that relate to employee benefit plans. However, some exceptions do exist. This is especially true if the dispute is not directly tied to an ERISA plan. To see if you qualify for a possible exception, hire a Pueblo ERISA claims lawyer to begin investigating the merits of your case.

How Do I File a Claim With ERISA?

If you’re looking to file a claim with ERISA, you would start by making your submission directly to your plan administrator. All claims are required to follow a specific procedure that has already been predetermined. If your claim is denied the first time around, you can take advantage of the ERISA appeals process. This gives you the opportunity to provide new information that can address any reasons why it was denied originally. If you are in Colorado, consulting with an ERISA claims lawyer can help guide you through this process.

What Does ERISA Law Cover?

ERISA law governs most employee-paid benefit plans. The most commonly mentioned are employee health insurance, retirement accounts, and disability benefits. This law sets specific standards for how these accounts should be managed to help ensure employees are provided with clear information and are protected at all times. Hiring an ERISA lawyer can help uphold the law when bad-faith actors violate an employee’s rights and protect the impact on your health plans.

Can I Sue My Employer Under ERISA?

Yes, employees have the authority to sue their employer for violating the terms of any employee benefit plan. This happens frequently when an employee provides evidence that shows an employer denying benefits in error, withholding important information, or mismanaging assets in a plan. Before you file a claim, ERISA will suggest you exhaust your company’s internal processes first. Consulting with an ERISA claims lawyer in Pueblo, Colorado can help improve your chances of success.

Contact McDermott Law, LLC, About Your ERISA Claim Today

While navigating any ERISA claims process might seem overwhelming, it doesn’t have to be if you have the right legal support in place. At McDermott Law, LLC, we set out to help all of our clients secure the benefits they rightfully deserve. We are ready to guide you through every step of your claim. Contact us today to learn more about our services and discover what strategies would be the most advantageous for your case.