Fort Collins ERISA Claims Lawyer

Fort Collins ERISA Claims Attorney

Taking the time to navigate the nuances of ERISA (Employee Retirement Income Security Act) claims can be extremely distressing for anyone who has recently been denied these benefits. With so many complex federal regulations and strict deadlines to manage, it can almost seem like an impossible task to handle alone. To combat these issues and secure the benefits you need, hire a Fort Collins ERISA claims lawyer to assist you.

At McDermott Law, we dedicate our time and energy to ensuring that our clients are not wrongfully denied ERISA benefits. We understand the challenges that lie ahead, but it does not intimidate us. We have been through this process countless times before with clients just like you. Our goal in every case is to make sure that you can access the benefits you need and secure additional compensation, if necessary, for any damages this experience has caused.

Why Would Someone File a Claim for ERISA Benefits?

There are many different reasons why someone might choose to file a claim for ERISA. Many reasons for this are to secure some type of financial benefit they are entitled to.

Some of the most common reasons include:

A Claimant Has Been Denied Benefits

One of the most common reasons why someone would file a claim under ERISA is when they have been denied benefits. There are many reasons why this could happen when it should not have. For example, if someone has been denied a disability benefits claim because the administrator did not find the medical evidence that was provided to be sufficient enough to prove the disability exists. In these cases, an ERISA claim can be filed to challenge this decision. An Experienced disability claim lawyer can guide through the legal process in this case.

The Benefits Have Been Miscalculated

Another valid reason for filing an ERISA claim is if someone suspects their benefits were miscalculated. This can happen for many different benefits under ERISA, including retirement plans and healthcare coverage. Sometimes, these miscalculations happen without malicious intent, such as making an error in data entry or misinterpreting an applicable regulation. Filing a claim can trigger the process of correcting this mistake.

Delay in Benefit Payments

It’s important for ERISA benefits to be paid in a timely manner. This is because individuals are counting on these benefits to take care of their essential needs, like seeking medical care for a new condition or financially supporting their basic needs while being treated with a new disability. Administrative errors and case backlogs are two main reasons why benefits could be delayed. Hiring an attorney can help keep your plan accountable to a reasonable timeline.

Breach of Fiduciary Duty

ERISA imposes certain fiduciary duties on those who help to manage and control employee benefit plans. This responsibility requires them to always act in the interest of the plan owners. A breach of fiduciary duty occurs when someone fails to uphold this responsibility, like mismanaging a plan’s assets or making poor investment decisions. Filing a claim to hold this breach accountable can help to seek restoration for any losses incurred during this time.

Failure to Provide Plan Information

Plan administrators are required to provide participants with clear and accurate information about their benefits. This includes a plan’s description, benefits, and if there has been any significant change that needs to be brought to their attention. Without having accurate information, it can prevent someone from making informed decisions about their benefits. This could wrongly prevent someone from accessing the full extent of benefits they deserve.

By filing a claim under ERISA, individuals can help protect their rights and ensure they are maximizing the benefits they have earned through their employment. Connect with a Fort Collins ERISA claims lawyer to make sure you are receiving maximum benefits.

FAQs

What Is Not Covered by ERISA?

ERISA does not cover certain types of plans and entities that one might expect, such as government and public sector employee benefit plans or other plans that are created solely to comply with workers’ compensation regulations. Individual retirement accounts and plans that are established outside of an individual’s employer might not be covered, such as a personal life insurance policy. To be clear on what is covered and not covered, check in with an attorney.

What Happens When ERISA Is Violated?

Any time ERISA is found to be violated, both participants and beneficiaries have the authority to take legal action and secure the rights they are entitled to. There are many different reasons why someone can be denied these benefits, like when someone mismanages plan assets. If a client and their ERISA attorney are able to prove this violation is valid in court, the plan administrator will be required to pay back all benefits that they were denied in the past.

What Is the ERISA 5-Year Rule?

The ERISA five-year rule is a specific provision that defines when a benefit pension plan should vest to a participant’s benefit after this designated period of time. Under ERISA, employees will become fully vested in their pension benefits after serving with their employer for five years. Even if they choose to leave that employer after the five-year mark, the employee has a non-forfeitable right to the benefits that have accrued.

Does ERISA Allow Payment for Pain and Suffering?

No, ERISA does not allow any payments to be issued due to pain and suffering. What is available under ERISA is typically limited to recovering benefits that they were wrongfully denied or to helping enforce the terms of the plan. This differs from personal injury claims, where certain damages for pain and suffering, and emotional distress could be awarded. In general, this area of law is concerned with proper plan management rather than non-economic losses.

Contact McDermott Law Today

If you are dealing with an ERISA-related issue, connect with the legal professionals of McDermott Law as soon as you can. We understand how complicated disputes in this space can get, which is why you need someone who has a long history of dealing with cases in this legal discipline to ensure you receive the benefits you are entitled to. Contact us today to begin.