You require ERISA benefits after you retire. Perhaps you face the need for a surgical operation or believe you should receive to a specific amount of biweekly payments, but your former company denies your request for compensation for your surgery or miscalculated your required payments.

According to ERISA laws, you have the authority to bring a claim forward against your employer titled the “Denial of Benefits” claim. When developing a claim against your employer, you may wish to seek the expertise of an attorney versed in ERISA benefits. He or she can help you ensure that your claim will prove valid in court, and that you do legally require your sought benefits.

ERISA Denial of Benefits

The Employee Retirement Income Security Act (ERISA) was established in 1974. Its creation provided federal standards for retirement plans in private industries, so that those looking toward retirement could receive accurate compensation when they reach retirement age.

Yet some organizations try to avoid paying for large surgery expenses, attempt lower your rights to specific retirement payments to save money or try to avoid paying for your rights altogether. When this occurs, you want to do the following.

  1. Revisit your ERISA agreement: You want to ensure that your request for payment or coverage proves valid. Bringing a claim forward can require costs, so you want to make sure that your ERISA agreement will cover your request.
  2. File a claim: Using your attorney’s expertise and aid, you want to draft a claim that implies your employer illegally denied your rights to specific ERISA benefits. To do this, you must demonstrate that:
    • You properly developed a claim for your benefits
    • You require coverage under your ERISA agreement with your former employer
    • You were denied access to your required benefits

If your claim proves valid, you may have the opportunity to receive your required benefits, and in addition, a court may force your employer to pay associated attorney’s fees in bringing the claim.