If you work for a private industry employer, your benefits such as 401K, disability insurance, retirement plans, and others, are probably regulated by the Employee Retirement Income Security Act (ERISA). Should you find your benefits withheld or short of the amount due, the law allows for legal avenues to recover what you are owed.
An ERISA lawyer can help you navigate the legal process. The Underwood Law Office is prepared to help you pursue what is rightfully yours as you navigate the complexity of making an ERISA claim or appeal. The law has strict deadlines and rules that our attorneys can help you identify and follow as we work toward a successful resolution.
What an ERISA Lawyer Can Do for You
If you are trying to make a claim or appeal a denial of benefits you believe you are owed, our attorneys can help you sort through the steps ERISA requires and choose an appropriate path forward. We do this in many ways, including:
- Gathering documentation to support your claim or appeal, such as medical records, or statements from experts or witnesses
- Reviewing your plan’s benefits and the stated reasons for denial of your claim to ensure the reasons for the denial are not arbitrary or biased, and to compile evidence for an appeal to counter the reasons for denial
- Communicating with all involved parties, including but not limited to plan administrators and employers
- Filing your claim or appeal
- Representing you in negotiations or court
Your plan does not have to answer all your questions regarding your benefits, according to the Department of Labor. However, there are some cases in which the service provider must respond to inquiries. An ERISA lawyer can help answer your questions and point out when a provider is in violation.
Situations that May Call for an ERISA Attorney
ERISA covers many types of employee benefits, such as life insurance, health insurance, 401(k) plans, profit-sharing plans, disability insurance, pension plans, flexible spending accounts, and more. Because its regulations apply to multiple areas, you may appreciate working with an ERISA attorney under circumstances such as these:
- Determining if a severance package might affect your unemployment or disability benefits or other rights or benefits for which you may be eligible
- Ensuring that you are not risking the loss of your earned pension from an ex-employer by working in the same field as your previous job
- Attempting to access your rightful portion of an ex-spouse’s retirement benefits while following the required steps to obtain a Qualified Domestic Relations Order (QDRO)
- Realizing you may need to sue for breach of fiduciary duty due to misappropriation of funds or other abuse of their position
- Discovering that a benefit you have is suddenly terminated or you are no longer eligible for that benefit
- Not understanding your benefits or rights and being unable to get plan administrators to communicate with you
These and other situations related to ERISA and your benefits as an employee or former employee can be time-consuming to work through if you are not familiar with state and federal laws.
The Cost of Our ERISA Attorneys
At Underwood Law Office, we know that you may have a lot of questions when deciding whether you need an ERISA attorney. Our attorneys offer you a free consultation to listen to you, discuss your case, and address your concerns.
In an ERISA case, the court may decide that the defendant should pay attorneys’ fees and the costs associated with bringing the action. That decision is at the court’s discretion. Details about the cost of an ERISA case will be part of our initial free consultation.
Client Testimonials for Our Lawyers
We’re proud to say that our clients largely praise our results. It is our mission to be there for those who rely on us. We keep communication flowing and offer our insight and care from the moment you come through our doors until a resolution has been reached. This is what some of our clients have to say:
“Mark and his team are great. Mark was upfront and honest with me. He made sure I knew what was happening with my case every step of the way. He told me upfront about the expected timelines and any delays were communicated to me right away. His team was always very quick to respond to my emails and/or text. Underwood Law did an awesome job on getting my case settled (especially since it was done in the middle of Covid). I would recommend him to anyone.” – Star Breece
“I highly recommend the Underwood Law Office… The firm was fast, friendly, and very efficient in helping me through the claim process. My friend referred me to Underwood and I referred another friend as well. We were all successful in receiving our disability benefits. Trust me and go with Underwood. Thank you so much for all you did for me.” – Bruce H
Contact the Underwood Law Office
To understand the heart and compassion of the Underwood Law Office, you have to know a bit about Mark Underwood, our principal shareholder. His grandfather was killed on the job when his mom was only eight years old. That event not only affected her, but it also sparked a lifelong desire in Mark to help others. Starting his law firm has allowed him to do that.
As your ERISA attorneys, we understand that you count on the benefits you receive as an employee. Your pension, disability, or any benefit you have a right to is a part of your financial picture. Losing a benefit or having to fight for what should be yours can put a strain on you. If you are having an issue with any ERISA-related benefit, call us today.