Boulder ERISA Claims Lawyer

Boulder ERISA Claims Attorney

Navigating the process of ERISA, the Employee Retirement Income Security Act, can be really frustrating at times. This is especially true for anyone who was denied benefits they were counting on or has other disputes related to their retirement plans, health insurance, or disability coverage. An experienced Boulder ERISA claims lawyer can step in to help you better understand your rights and set a path forward to securing the benefits you deserve.

At McDermott Law, we have a reputation for tackling ERISA claims cases with precision and care. Battling against large insurance companies and employers can almost seem like an impossible feat. It is wise to secure legal representation that understands the intricacies of these regulations. Whether you have been denied benefits, you need to appeal, or you need help requesting them the first time, an ERISA claims lawyer can help.

What Are the Most Common Legal Disputes Related to ERISA Claims?

The nature of ERISA claims and the benefits they are intended to provide can stir a number of legal disputes when someone believes their benefits have been unfairly denied or mismanaged. Understanding some of the more common reasons why legal disputes arise can help you and your attorney better navigate these regulations to win your case.

Some of the most common ERISA disputes include:

Denial of Benefits

One of the most common disputes in ERISA claim disputes is when someone’s request to access their benefits has been denied. For example, someone suffering from a chronic illness or injury who has had their claim for long-term disability rejected by their plan’s administrator. The dispute lies within the interpretation of the terms and conditions of the individual’s plan. If an employee feels the decision is not rooted in fact, they can appeal and pursue litigation with the help of a disability claim lawyer.

Mismanagement of Plan Assets

Anyone responsible for managing a plan’s assets has strict fiduciary duties placed on them by the ERISA. This is to help ensure the responsible individual will always act in the interest of a plan’s participants. Some common disputes that arise in this area include someone alleging imprudent investment choices or failing to diversify a plan’s portfolio. When these accusations arise, a financial analysis must ensue to identify and correct evidence of mismanagement.

Improper Plan Administration

It’s important for any ERISA plans to be administered to the exact terms and federal regulations that have already been established. Disputes will arise if someone fails to administer a plan correctly. This could be instances of someone miscalculating benefits or neglecting to provide all stakeholders with necessary notices. Administrative errors can be so potent that they have the power to cause financial harm to participants. Litigation can help to correct these errors.

Retaliation or Discrimination

Specific protections against employer retaliation and discrimination are laid out by the ERISA to protect anyone as they try to secure certain benefits. For example, some claimants may provide evidence that their employer took certain adverse actions, like demoting or firing them, to try and punish the employee for engaging with the ERISA claims process. This is illegal, which is why hiring an attorney can help reinstall these benefits and secure more compensation for damages.

Failure to Provide Information

In Boulder, Colorado ERISA requires all plan administrators to provide their participants with comprehensive information on the benefits they are entitled to. Sometimes, a participant does not feel like they were given enough information to make more informed decisions about their benefits. For instance, they might not have received a summary of their plan or have been notified of certain changes that were made.

Understanding the nature of these ERISA disputes and other possible ones that can surface is essential for anyone who manages or participates in an employee benefit plan. Navigate these disputes with an ERISA claims lawyer in Colorado to maximize your chances of securing the outcome you are looking for.

FAQs

Can You File a Claim Against an ERISA Plan?

Yes, you can make a claim against an ERISA plan if you have compelling evidence to suggest that a claim was wrongfully denied or there was a breach of fiduciary duty. Because these benefits are rightfully the plan’s owner to secure when needed, anyone who tries to deny this legal right could be held accountable under state and federal law. It’s important to note that before taking legal action, you should exhaust the plan’s internal appeals process first.

What Is the Statute of Limitations on ERISA Claims?

The statute of limitations for ERISA claims varies based on what type of claim is being filed and the specific plans it affects. In many instances, ERISA claims do not have a specific statute of limitations, which means that the court can apply different statutes for similar claims under state law. To avoid missing deadlines, share your concern with an attorney immediately.

What Are ERISA Lawsuits?

An ERISA lawsuit is a legal case brought forth by either a participant or beneficiary of an employee benefit plan. They are often doing this to enforce certain rights they feel were violated under ERISA. The most common reasons why this happens are due to a plan being denied for a suspicious reason, an alleged breach of fiduciary duty, or demonstrating an instance of a failure to adhere to a plan’s terms and conditions.

How Do I File a Claim with ERISA?

To successfully file a claim with ERISA, you need to first submit a written claim to the administrator of your plan. This needs to include all relevant information and evidence to support your claim, such as medical records or financial statements. In the event the claim is denied, you are earned the right to receive a detailed reason as to why this happened. You then have the right to appeal the decision to try and seek the benefits you believe you are rightfully owed.

Contact McDermott Law Today

If you are facing challenges with an ERISA claim, contact the experienced team at McDermott Law. Our deep understanding of these laws and the common challenges related to ERISA comes from years of helping clients in these exact same situations. Contact us today to reap the benefits of our legal knowledge and experience and earn the benefits you are entitled to.