ERISA and Employee Benefits Claims Attorneys
The Employee Retirement Income Security Act of 1974, commonly called ERISA, is a federal law regarding workers’ rights to their employment benefits, such as disability insurance, health insurance, life insurance, and more. Since its passage, it has governed private-sector benefit plans and challenged workers, employers, and unions with its detailed and fluid requirements.
The attorneys at Sugarman Susskind Braswell & Herrera fight for your rights to employer-provided benefits covered by ERISA. Since our firm’s founding, we have used our experience and knowledge to aggressively represent individuals in obtaining the benefits they need and deserve. If your ERISA dispute results in litigation, our attorneys can handle your case effectively. Contact us to learn more about how we can help you.
ERISA Advisers With Awareness of Financial and Healthcare Issues
ERISA cases can be particularly complex because they involve questions of intricate financial transactions and the technicalities of health insurance. Whether you’re a beneficiary, employer, or administrator, we will synthesize the sophisticated issues for you and put our knowledge to your advantage.
Representing Parties in All Types of ERISA Cases
Our attorneys deliver skillful advocacy for various types of ERISA litigation, including:
- Denial of benefits Often, benefits are not what the beneficiary expected. If this type of dispute arises, we give clients complete legal support, starting with advice on potential issues concerning the statute of limitations and administrative record.
- Breach of fiduciary duty We are familiar with the current statutory duties imposed on plan administrators, investment managers, and others with control over the plan. Should a violation be alleged, we provide knowledgeable advocacy to give you the best possible chance at success.
- Removal motions In most situations, an ERISA matter filed in state court can be removed to federal jurisdiction. Our experienced attorneys can describe how the difference might affect your case and will strive to have it heard in the forum that works best for you.
Even if you’re unsure how ERISA applies to your benefits issue, Sugarman Susskind Braswell & Herrera will review the matter and outline what you can expect.
Parties involved with ERISA claims often have similar questions as they attempt to resolve their concerns. Below are answers to some of the most frequent questions our Southern Florida ERISA law firm receives about these claims.
What Does ERISA Cover?
Many employer-provided benefits are covered by ERISA, including:
- Life insurance
- Accidental death & dismemberment insurance
- Long-term disability insurance
- Short-term disability insurance
- Health insurance
- Dental insurance
- Retirement plans (401Ks, for example)
ERISA applies to private employers who offer benefits (or plans) but doesn’t require employers to provide them. It also does not apply to privately purchased insurance coverage.
Does ERISA Apply to My Case or Not?
We assist clients in determining whether ERISA is applicable and if they may have a claim against their employer or insurance company. Four questions help us determine when ERISA applies:
- Who pays the premiums? If the employer pays all or some of the premium, it’s likely covered by ERISA.
- Who is the contact? If your contact person is the “plan administrator,” this is probably ERISA covered.
- For whom do you work? Private companies are probably covered by ERISA, but government entities and religious institutions are not.
- What kind of insurance is involved? If it’s employer-paid insurance, it’s likely covered by ERISA — but other types, like homeowners insurance, are not covered.
Insurance companies are in business to make money, so plan administrators often deny initial claims. No matter what obstacle has been placed in your way, rest assured that our attorneys strive diligently to help you overcome it and work tenaciously to attain the best possible result for you in your ERISA claim.
How Do I Make an ERISA Claim?
The best way to make an ERISA claim is to work with a skilled attorney. They will help you exhaust your rights under the insurer’s dispute procedures. If this fails, they will work with you to submit a complaint with your local Employee Benefits Security Administration (EBSA) office and take further legal action if necessary.
Contact Us for Determined Help With ERISA Disputes
At Sugarman Susskind Braswell & Herrera, we help people navigate the complexities of ERISA matters. We will work with you to appeal denials of benefits and obtain the coverage you deserve. Call 305-529-2801 or contact us online to schedule a consultation.