Passage of the Employment Retirement Income Security Act (ERISA) in 1974 was intended as an incentive for the creation of employment benefit packages and to provide standards for health and pension plans.

As federal law, ERISA regulations apply to private employers, generally not government or church employees. Detailing the rights and responsibilities of employers, insurance companies, and policyholders, ERISA describes administrative processes for resolving disputes arising over benefit plans. Pursuit of claims in federal court is the only remedy remaining for a claimant after exhausting the process provided under ERISA.

Pension plans based on years in service or salary are often offered by employers. ERISA pension regulations are complex and few policyholders have the necessary experience to successfully pursue a claim after it has been denied.

Understanding Pension Claims

Because of the complicated nature of ERISA statues, claimants should seek pension advice from a qualified attorney to assist their understanding and inform their actions during the claims process.

While seemingly expensive, speaking with a pension attorney can assist in the following ways:

• Involving a skilled attorney at the outset of a pension claim gives the best possible chance of getting financial benefits you are expecting
• Seeking pension advice during the claim preparation process, not after you are denied, may shorten the time period between when you apply and receive benefits
• If your claim is denied, a pension attorney is required. The appeals process under ERISA is specific in timing and requirements, so a missed deadline may mean a lost claim
• The administrative file prepared by your insurance company to document your claim is a vital record when pursuing a pension claim appeal. Legal counsel is crucial to ensuring your administrative record is complete as you progress through the appeals process
• If the ERISA pension claims process is exhausted without satisfaction, a lawsuit based on your administrative file can be filed in court. Retaining a pension claims attorney early means a clearer path toward litigation later should a lawsuit become necessary

You relied on the promise of pension benefits throughout your working career. Although disheartening to be denied pension benefits, we can help.

The Law Offices of Laurence W. Padway offer experienced insurance law counsel to clients including:

Focused solely on insurance law, our firm knows what you expect—and what to expect from insurance companies. 

Help with Your Pension Claim

Successfully representing plan recipients with pension claims for over 30 years, the Law Offices of Laurence F. Padway offer skilled trial and administrative advocacy relating to ERISA and non-ERISA benefit disputes. Contact us or call 510.814.6100 today for a free initial consultation.