#ERISA attorneys

[manselllaw]

New York City Employee Retirement Income Security Act Lawyer

Helping New York Workers With Disability Claims Fight Insurance Company Breaches of Duty

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that governs employee benefit plans, such as retirement and health plans, set up by private employers. If your company offers a health plan or retirement plan, it is likely covered by ERISA. This law protects employees by requiring plan providers to disclose certain information and imposing fiduciary duties on them to act in the best interests of plan participants. However, ERISA also protects employers and insurance companies by enforcing strict claims and appeals procedures, which employees must follow to avoid losing their benefits.

Understanding ERISA Protections and Procedures

At Mansell Law, our experienced NYC employment lawyers are well-versed in the rights and duties of employees and employers under ERISA plans. We are here to help you navigate the complex procedures involved in appealing a denial of benefits or resolving issues with your employer-sponsored health or retirement plan. Learn more about ERISA below and contact Mansell Law if you believe your rights are being violated.

What Types of Plans Does ERISA Cover?

ERISA covers employer-sponsored employee welfare benefit plans, including:

Employee health insurance

Life insurance

Long-term disability insurance

Accidental death policies

What Does ERISA Require?

ERISA establishes minimum standards for retirement and health plans voluntarily set up by private sector employers. While intended to protect workers, ERISA has often been seen as favoring employers and insurance companies. Key features of ERISA include:

Requiring plans to provide information about plan features and funding

Imposing fiduciary duties on plan managers

Establishing a grievance and appeals process for disputes

Allowing participants to sue for benefits and fiduciary breaches

Mandating plan administrators to disclose benefits to participants and government agencies

Ensuring plans are managed for the benefit of participants and beneficiaries

Complying with rules for investments in employer-affiliated securities

Following applicable laws and plan rules when funding benefits

What Do I Need to Know About ERISA Claims?

ERISA imposes strict claims and appeals procedures. Failure to follow these procedures can result in losing your benefits. Before filing a lawsuit, you must go through any internal administrative appeals with the insurance company or benefit plan. This process has limited discovery (evidence gathering), but it’s crucial to build a strong administrative record.

Attorneys unfamiliar with ERISA rules may harm your case by not adequately developing the record at the administrative level. Remember, ERISA preempts state laws, so you can’t sue for bad faith or recover punitive damages. However, you can recover benefits due under the plan and force changes through an ERISA class action.

Bring Your ERISA Claim to Experienced New York Employment Lawyers

The New York employment lawyers at Mansell Law are skilled in negotiating ERISA claims and providing representation at the administrative level and in New York federal courts. If you’re facing a denial of long-term disability benefits or other ERISA issues, contact Mansell Law for a free consultation with knowledgeable ERISA attorneys.

Contact Us Today for Assistance with Your ERISA Claim

Don’t navigate the complexities of ERISA alone. Call Mansell Law in New York City to speak with our team of experienced employment attorneys. We are here to fight for your rights and ensure you receive the benefits you deserve.

Call for Consultation: tel: +16469218900

[naomiesoldon]

Expert Legal Advice from Naomi E. Soldon: Navigating Labor and Employment Law

Naomi E. Soldon, a seasoned labor and employment attorney with decades of experience, has built her career by representing workers, unions, and employers in various legal disputes. A graduate of the University of Wisconsin Law School, Soldon is known for her extensive work in areas such as collective bargaining, ERISA compliance, employment discrimination, and labor-management trusts. With a deep…

[gvsgvsgv]

erisa long term disability lawyer

Our skilled Arizona long-term disability attorneys battle for the benefits you are entitled to, allowing you to prioritize your health. Fees only apply if we prevail in your case.

[mystlnewsonline]

Federal Judge Issues Preliminary Injunction Removing Fiduciaries

A Federal Judge Issues Preliminary Injunction Removing Fiduciaries of Chicago-Area Employee Benefit Plan Alleged to Have Misappropriated More than $2.8 Million. The latest step in holding United Employee Benefit Fund fiduciaries accountable CHICAGO, IL (STL.News) A federal judge has issued a preliminary injunction against the fiduciaries of a Chicago-based multiple employer welfare arrangement to protect the Fund’s remaining assets after a Department of Labor investigation alleged its fiduciaries and counsel misused more than $2.8 million in fund assets, and that they continue to mismanage the Fund. On Aug. 10, 2023, Judge Nancy L. Maldonado, in the Northern District of Illinois, Eastern Division, issued an order protecting the remaining assets of the United Employee Benefit Fund and appointed an independent fiduciary to take control of the Fund and manage its remaining assets.  The United Employee Benefit Fund provides life insurance benefits to about 63 employer-sponsored benefit plans in the U.S. The court’s action comes in response to a motion filed by the department in June 2023 that alleges the Fund’s fiduciaries have allowed escalating and unreasonable legal and administrative fees to nearly deplete the Fund’s assets.  These actions included the payment of more than $200,000 in legal fees used to defend former fund attorney L. Steven Platt in a lawsuit brought by the United Employee Benefit Fund for Platt’s alleged breaches of fiduciary duties and other Employee Retirement Income Security Act violations. “The injunction is the latest step in the Department of Labor’s ongoing effort to hold the United Employee Benefit Fund’s fiduciaries and others liable for allegedly misusing more than $2.8 million in fund assets,” said Regional Solicitor Christine Heri in Chicago.  “The department is determined to protect the assets of employee benefit plans and to hold fiduciaries responsible for failing to discharge their legal duties to protect these assets.” In February 2022, the department filed a complaint alleging multiple violations of ERISA from 2015 to 2018 by UEBF’s fiduciaries and its former counsel.  The complaint seeks to recover losses and interest and to bar the fiduciaries and former counsel permanently from serving as fiduciaries and service providers to employee benefit plans.  The action followed an EBSA investigation in Chicago of alleged violations by trustees Gary Meyers and John Fernandez, administrator David Fensler, trustee and service provider Herbert McDowell and his company United Preferred Companies Ltd., and former fund attorney Platt, who was previously employed by Robbins, Salomon & Patt Ltd., a Chicago law firm. The court order removes the current trustees and enjoins them, or anyone acting on their behalf, from acting as a fiduciary or service provider to the Fund.  The order also gives Receiver Management, Inc., as an independent fiduciary, the authority to exercise all fiduciary responsibilities over UEBF, including to do the following: - Appoint, replace, or remove administrators, trustees, attorneys, employees, and service providers as necessary to protect the Fund. - Amend the trust agreement as necessary. - Conduct an accounting of the Fund’s assets and attorney’s fees. “The United Employee Benefit Fund fiduciaries’ alleged violations of the Employee Retirement Income Security Act significantly depleted the fund’s assets and may have impacted its ability to pay benefits to the United Employee Benefit Fund’s participants nationwide,” said Employee Benefits Security Administration Regional Director Ruben R. Chapa in Chicago.  “The actions may have irreparably harmed beneficiaries by causing the fund to be unable to meet its obligations” The department’s investigation alleges the defendants violated ERISA when they did the following: - Transferred more than $1.1 million in fund assets to a third party to purchase McDowell’s home while in foreclosure in November 2016 and allowed McDowell to continue living there through transactions orchestrated by Platt and David Schwalb, an attorney who knowingly participated in the transaction. - Transferred $400,000 in fund assets to McDowell’s foreclosure attorney in August 2016 and January 2017. - Transferred $84,000 in fund assets to McDowell directly in August 2017. - Paid an unreasonable $77,000 in fund assets to McDowell/UPC from April 2017 through April 2018 to purportedly research health benefits for the purpose of starting a new plan or adding health insurance to the Fund. - Paid $44,440 in fund assets in May 2015 to McDowell’s son as part of a dispute with a third party over life insurance commissions. - Loaned McDowell $5,000 in fund assets in August 2015. - Paid McDowell unreasonable compensation of $895,000 between November 2015 and September 2018. - Loaned $260,000 to an entity partially owned by trustee Meyers in December 2017. Civil Case No. 1:22-cv-01030 SOURCE: U.S. Department of Labor Read the full article

[remotetrove]

ERISA – Employee Benefits Attorney at Latitude

Employee Benefits/ERISA Attorney This is an excellent career opportunity for a strong candidate with 5+ years of employee benefits and ERISA experience. Outstanding, collegial law firm with several offices coast to coast is seeking an experienced Employee Benefits/ERISA Attorney who is interested in long-term career development. In addition to substantial retirement and health and welfare…

[mileylegalgroupzm]

The Miley Legal Group

The Miley Legal Group serves all of West Virginia — We provide the tools you need to get back on your feet after a car accident, motorcycle accident, truck accident, dog bite, wrongful death claim, slip and fall, disability (ERISA) or other personal injury.

If you or a loved one has been in an auto accident and needs an attorney, we offer free consultations.

Visit our website to get free resources and books that provide the information you need to make the best possible decision for you and your family after an accident.

229 West Main Street Suite 400, Clarksburg, WV, 26301 (304) 326-1800 https://mileylegal.com

[compiledautumn]

Will Congress Repeal Roth IRA Benefits?

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[valueteam]

ESOP Planning

ESOP Planning requires careful consideration of the company's financial situation and the needs of its employees. Employee Stock Ownership Plans, or ESOPs, are a type of retirement benefit plan that allows employees to become owners of the company they work for. ESOPs are becoming increasingly popular as a way for companies to motivate and retain employees while also providing tax benefits for the company.

ESOPs work by establishing a trust fund for employees that holds shares of the company's stock. The shares are allocated to individual employee accounts based on a predetermined formula, such as years of service or salary. When employees leave the company, they can cash out their shares or roll them over into an individual retirement account.

Here are some key factors to consider when planning for an ESOP:

Company valuation: Before establishing an ESOP, it's important to have a clear understanding of the company's value. This will determine the number of shares to be allocated to employees and the funding required to purchase those shares. It may be necessary to hire a valuation expert to determine the company's worth.

Employee participation: ESOPs work best when employees are motivated to participate. This requires clear communication of the benefits of the plan and how it works. It's also important to establish a vesting schedule that rewards employees for long-term service.

Funding: ESOPs require funding to purchase company stock for the trust fund. This can be done through a variety of methods, including cash contributions from the company, borrowing, or a combination of both.

Tax benefits: ESOPs provide tax benefits for both the company and employees. For the company, contributions to the plan are tax-deductible, and the company can use ESOP financing to repay debt or fund growth. For employees, the stock held in the ESOP is not subject to income tax until it is distributed, and then it may be subject to capital gains tax rather than ordinary income tax.

Exit strategy: ESOPs can be used as part of a company's succession plan, providing a way for the owner to sell the company to employees while maintaining a legacy for the company. It's important to have a clear exit strategy in place, including a timeline for when the owner will sell their shares and how the transaction will be structured.

Regulatory compliance: ESOPs are subject to a variety of regulations, including ERISA (the Employee Retirement Income Security Act) and the Internal Revenue Code. It's important to work with a qualified attorney and plan administrator to ensure that the plan is in compliance with all applicable laws and regulations.

ESOPs can provide a powerful tool for companies to motivate and retain employees while also providing tax benefits and a succession plan. However, planning for an ESOP requires careful consideration of the company's financial situation and the needs of its employees. By working with qualified professionals, companies can establish an ESOP that meets their needs and benefits both the company and its employees.

[crazily-lost]

Attorneys Urge Advisors to Comply With DOL Rollover Guidance, Despite Court Decision

In a decision this week, a district court judge overturned FAQs indicating that rollover recommendations for a 401(k) fall under ERISA, though attorneys believe the DOL will likely appeal. from Wealth Management https://ift.tt/hesPy6f

[psnlaw]

Get Your Proper Defense Attorney

Our company lawyers are grateful to handle maritime insurance litigation cases for every client. We will admire the whole process of the subject and proceed with the applicable law points to sort out the disputes.

[mersch-law]

When it comes to ERISA Disability, the Law Office of Julie A. Mersch is the leading and most respected Las Vegas Law Firm that specializes in all matters of ERISA Law, Long Term & Short Term Disability Insurance, Personal Injury Law, and Insurance Law.

[merschlaw]

Questions to Ask a Potential ERISA Attorney

If you're sad with how your company has dealt with you with appreciate for your benefits, you would possibly locate your self withinside the marketplace for an ERISA legal professional. ERISA stands for the Employee Retirement Income Security Act of 1974, which become designed to bolster the nation’s pension system. An ERISA legal professional can examine your case in a session and solution any questions you have. To make certain which you lease the pleasant legal professional available, bear in mind to invite questions on their revel in and different topics.

How Much of Your Practice is devoted to ERISA?

ERISA is an surprisingly complicated collection of laws. Lawyers can spend years gaining knowledge of its exceptional intricacies. In Chicago, a few attorneys manage often divorces or crook topics and feasible do one or ERISA instances at the side. Other attorneys will recognition the majority in their exercise on this region of law. Because of the law’s complexity, you need to preferably locate an legal professional who focuses maximum in their exercise on this region, so drill down and discover how a good deal in their exercise a legal professional devotes to ERISA Las Vegas .

What Kinds of ERISA Claims Do You Typically Bring?

ERISA unit’s minimal requirements for a lot of worker benefits, including:

Pensions

Healthcare plans

Disability insurance

Accident insurance

Vacation time

Holiday time

Severance pay

Unemployment benefits

When purchasing for a legal professional, additionally take a look at what number of instances the legal professional has treated which can be at once like your very own. For example, when you have a pension dispute, you then definately could preferably lease a legal professional who has additionally treated your form of pension dispute.

How do You Charge Fees?

Lawyers set their very own prices, which could variety from rock-backside charges to heaps of greenbacks in step with hour. Generally, the extra skilled and professional the legal professional, the extra they may rate—however this isn't constantly the case.

Before you lease an legal professional, you need to apprehend how she or he fees prices. Consider the following:

Does the legal professional rate through the hour? If so, how a good deal?

Will different humans paintings at the case? If so, how a good deal do they rate?

Does the legal professional ever use flat-rate arrangements? If so, whilst?

Does the legal professional ever constitute a plaintiff “on contingency”?

Under ERISA law, you may not must pay something in legal professional’s prices. Judges have discretion to award plaintiff attorneys’ prices if they may be a hit with their claim. Discuss to your session whether or not you suspect your case would possibly qualify for attorneys’ prices. A decide will do not forget a range of things whilst figuring out whether or not to award attorneys’ prices, including:

The benefit of every side’s position

The assets of the defendant

The unreasonableness of the denial of benefits

Whether awarding attorneys’ prices can have a deterrent impact on different plan administrators

Whether different personnel will gain below the identical plan

[debofskylaw]

How to File a Winning ERISA Claim

What is ERISA?

ERISA is an acronym for the Employee Retirement Income Security Act, a law passed by Congress in 1974 aimed at protecting the rights of employees who participate in their employers’ benefit plans and their dependents.  ERISA applies to a host of employee benefits – pensions, 401k and 403b plans, disability, health, and life benefits, along with severance and other benefits administered by employers.  

ERISA applies to the private sector and does not encompass state, federal, or municipal employers, although it may apply to government employee benefit claims if the benefits are provided by a labor organization.  Another significant exemption is “church plans,” which are benefits sponsored by religious organizations.

What is an ERISA Claim?

Any claim for benefits brought under a private sector or union sponsored employee benefit program is an ERISA claim.

How Can I Determine My Rights to Bring an ERISA Claim?

Federal law requires that employers provide employees with a summary plan description that provides information about claims and how to go about submitting a claim for benefits, along with deadlines for submitting claims.

How Do I File an ERISA Claim?

Different types of claims have different claim procedures.  Human resources personnel should be able to explain the process.  Here are some specifics as to different types of claims:

Retirement – Depending on the nature of the claim (i.e., pension or 401k), the employee needs to complete a set of forms specifying how and to whom benefits are to be paid. The election is usually irrevocable, so the employee should understand and make sure they are making the correct election, which may require assistance from a financial advisor.  If the employee is married, any election other than a joint and survivor annuity, such as choosing a lump sum distribution of retirement funds, requires spousal consent.

Disability – There are three parts to a disability claim – the employee statement, the employer statement, and the attending physician statement.  The employee describes their impairment and lists their treating doctors on the employee statement, the employer lists dates of employment, salary and job duties on its statement, and the attending physician needs to certify disability.  Employees should not start the disability application process without being sure they have support from their treating doctor.

Health Benefits– Most health benefit claims are routine and are submitted directly by the doctor or hospital.  However, claims that require pre-approval or claims involving highly expensive services such as newly developed drugs or certain medical devices, and many types of behavioral health treatment may require a letter of medical necessity from the treating doctor before approval.  Claimants should make sure that their physicians are ready and willing to back up their claims.  With certain pharmaceuticals and medical devices, the manufacturer may be able to provide resources.

Life Insurance/Accidental Death Insurance – In most instances, all that is necessary to complete an application for benefits is proof of beneficiary designation, a copy of the official death certificate, and completion of a form listing name, address, and other demographic information from the claimant.  However, if an autopsy was performed, it can be useful to have a copy of the report available prior to submitting a claim.  Or in accidental situations where there was law enforcement involvement, such as a fatal car accident, it would be advisable to obtain a copy of the police report.

What Happens After the Claim is Submitted

The claim will be reviewed by the insurance company or designated benefits personnel.  Depending on the nature of the claim, there are deadlines imposed by the U.S. Department of Labor for rendering a claim decision.  Delays may occur if the insurer or benefit administrator needs to gather additional evidence such as medical records, police reports, and medical examiner/coroner evidence

What Happens if the Claim is Denied?

If a claim denial is issued, claimants are usually obligated to submit an appeal with the benefit plan administrator as a precondition to challenging the denial in court.  Many types of claims have very short time deadlines for appeals such as health insurance claims classified as “urgent,” i.e., where the patient’s life is in jeopardy or the patient is in severe pain.  Appeal deadlines in such matters can be as short as three days

ERISA claim appeals can be very complex.  The U.S. Department of Labor has issued a comprehensive set of regulations addressing ERISA claims and appeals.  ERISA appeals are a legal procedure and often require an attorney’s assistance to navigate through the complex ERISA appeal process.  An experienced and knowledgeable attorney will know how to handle the appeal by gathering the necessary additional evidence that may be required and to present a winning argument to overturn an unjustified denial.   Another reason to get an attorney involved early in the appeal process is that if the appeal is unsuccessful, a court may not consider new evidence, so the failure to get an attorney involved until after an appeal is denied could prove to be fatal to recovering benefits later.

Deadlines for appeals are critical. Submitting an appeal even one day late could result in a loss of benefits that cannot later be challenged in court.

Once the appeal is submitted, the claim decision can generally take up to 90 days.  For disability claims, if the insurer or benefit administrator obtains evidence during the appeal that is adverse to the claimant, that evidence must be shared and the claimant given an opportunity to comment before the appeal decision is rendered.

What if the Appeal is Denied?

If the appeal is denied, the next step is to bring a lawsuit.  Because ERISA is a federal law, most ERISA benefit cases are heard in federal court, although state courts also have jurisdiction if both sides agree to keep the case there.  Court rulings have determined that jury trials are not available in ERISA cases; and other procedures differ in ERISA cases from other types of litigation.  For example, most courts put limits on “discovery” in ERISA cases, meaning that depositions and other types of information gathering that typically takes place in civil lawsuits is curtailed.  

As mentioned above, there may also not be an opportunity to submit new or additional evidence in court.  Once the appeal is completed, most court render a verdict based exclusively on the record assembled during the course of the claim and ensuing appeal.  

ERISA litigation may take months to years depending on the judge and how quickly the case progresses.  While some cases are decided following bench trials, in most circumstances, the cases are decided by a court reviewing the claim record and addressing arguments presented by each side without the court hearing witness testimony.

In ERISA litigation, it is possible in some instances to convince a court that the denial was mistaken but the claimant still loses.  This occurs where the court applies a judicial standard of review known as the abuse of discretion or arbitrary and capricious standard.  If that paradigm applies, and its application depends on language contained in the policy that signals the insurance company had “discretion” to decide the matter, the denial decision is presumed correct and will be overturned only if it is found “unreasonable,” a daunting standard for claimants to meet.  That is why it is so important for claimants to make sure they are represented by experienced and knowledgeable counsel who have handled similar cases and know how to present the most favorable arguments.  If the litigation is successful, the court may, but does not necessarily have to, award attorneys’ fees to the claimant in addition to accrued benefits.  Fees are not recoverable, though, at the claim appeal stage.

ERISA claims are often very complex and difficult.  Finding an experienced and knowledgeable ERISA claim lawyer early in the claim process is often the ticket to success.

[groshanwilliam]

ERISA is an incredibly broad law that covers pretty much all non-compensation financial aspects of the employer-employee relationship.