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Employee Retirement Income Security Act
NY ERISA Lawyer Information
According to the United States Department of Labor, ERISA is "The Employee Retirement Income Security Act of 1974...a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans...ERISA requires plans to provide participants with plan information...There have been a number of amendments to ERISA, expanding the protections available to health benefit plan participants and beneficiaries."
These amendments enumerated include:
- Consolidated Omnibus Budget Reconciliation Act - COBRA
- Health Insurance Portability and Accountability Act - HIPAA
- Newborns' and Mothers' Health Protection Act
- Mental Health Parity Act
- Women's Health and Cancer Rights Act
ERISA law including New York ERISA law, is very technical and complicated. There are issues that arise from conflicts of interest because of the complexity and the sensitive nature of these laws.
On one side, insurance companies and retirement plan administration companies, among others, usually want to do the right thing and pay out fairly; yet at the same time, they don't want to be put out of business or have such harm done to their financial powers that they find it hard to make more typical pay outs to their many other clients.
As the consumer, all people want what they are entitled to under the law, and some people feel benefits companies are not acting fairly. Rather than accept denial of benefits, some choose to find a NY ERISA lawyer to represent them in a claim against a benefits company.
An ERISA attorney in New York can assess if a plan administrator or employer has unfairly denied your cliams and/or your rights to appeal unfair group and/or employer sponsored long term disability denials and terminations.
ERISA requires plans to:
- provide participants with important information about funding and plan features
- provide reporting and disclosure for those who manage and control plan assets
- requires plans to establish a appeals or grievance process for participants to get benefits from their plans
- give participants the right to sue for benefits and breaches of fiduciary duty
A experienced NY ERISA lawyer can help determine if the plan is providing the minimum standards they must meet to make sure plan participants are given plan information, that those plans are being administered responsibly, and that employees or their family members receive all legally-due employee benefits.
Make sure you find a NY ERISA lawyer and labor attorney who is a experienced handling all types of employee claims, such as:
- Denial of benefits
- Federal insurance claims
- Health insurance claims
- New York State court insurance cases
- Life insurance claims
- Long term disability claims LTD
- Short term disability claims STD
- Accidental death and dismemberment claims AD & D claims
Contact an attorney if you feel you were unfairly denied benefits or have another grievance with the way the plan or appeal process washandled.
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