Last year, almost 9 million Americans were receiving disability benefits. ERISA is one of the primary laws governing benefits. ERISA law guarantees certain benefits that are specifically enumerated in the act and determines when someone is entitled to them. Like many laws related to benefits and disabilities, it is fairly complex. If you are having an issue with benefits you believe that you may be entitled to or benefits specifically under ERISA, contact an ERISA lawyer to help you to navigate the maze of federal benefits law.
Just figuring out which laws, like ERISA, apply to your situation can be complicated all by itself. ERISA plans, for instance, are generally immune from state regulatory governance, but some states have found and manipulated loopholes to govern benefits on top of ERISA. An ERISA lawyer can help you to figure out what laws apply and the different ERISA requirements for different kinds of benefits, if your benefits fall under ERISA. ERISA rules are not always the same, and your personal circumstances will be a part of what determines your eligibility for benefits under ERISA. In the US, there are two main kinds of benefits plans: the defined benefit plans and the defined contribution plans. The rules and regulations governing each will not be quite the same. An ERISA lawyer can help you to figure out which your plan is and where you can go from there.
For a person to be denied benefits under ERISA, they must get a benefit denial letter that specifically includes “the specific reason for the denial, written in a manner calculated to be understood by the plan participant.” If you have received a confusing denial letter or otherwise want to challenge a denial of benefits under ERISA, you will likely need to retain an ERISA lawyer to mount your challenge effectively. Learn more.