Posts In Category

Beneficiary Litigation

Under the Employee Retirement Income Security Act of 1974 (“ERISA”), a penalty may be imposed on a plan administrator that fails to comply with a request for ERISA-required information by a plan participant or beneficiary. Upon request, a plan administrator is required to provide the following to a participant or beneficiary of an ERISA plan:

The purpose of the Employee Retirement Income Security Act of 1974 (“ERISA”) is to benefit the interest of employees and their beneficiaries in employee benefit plans.  ERISA governs the duties, both fiduciary and statutory, that the employer and insurer must follow. Section 502(a)(3) of ERISA permits employees denied benefits under

One of the important rules of claiming benefits under an ERISA plan is to follow the rules set forth by the plan, so long as the rules are compliant with ERISA.  Under ERISA, a plan administrator is permitted to require claimants to go through administrative appeals prior to filing a

Under the Employee Retirement Income Security Act of 1974 (“ERISA”), a person denied benefits under an employee benefit claim is permitted to challenge that denial in federal court. 29 U.S.C. § 1001; § 1132(a)(1)(B)). Importantly, based on the Plan, the Court reviewing the denial of benefits by an ERISA plan administration will apply a de novo standard of review or a review for an abuse of discretion. The importance of this distinction cannot be understated.

Fees for plan services are paid out of the plan assets, yet rarely are the reasonableness of the fees monitored to ensure plan participants are being charged a reasonable amount.