questions to ask when hiring an erisa attorney

Also, you need to ask them the types of ERISA claims they have pursued and if they have represented employers in ERISA claims as well as employees (the reason for this question is many employer side attorneys are much more versed in the actual laws if they do represent employers as well).

Full Answer

What is the purpose of ERISA?

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.

How do I file an Erisa lawsuit?

Filing A Lawsuit With an ERISA case, a lawsuit is usually initiated by filing a summons and a complaint in the United States District Court. Once a suit is instituted, the defendant is allowed between 21 to 42 days within which to file an answer and any counterclaims with the court.

Who can you sue under ERISA?

Who can sue under ERISA? By statute, only four classes of plaintiffs may sue under ERISA: plan participants, plan beneficiaries, the Secretary of Labor, and plan fiduciaries. Who can be sued for a denial of benefits under an ERISA plan? In general, the only proper defendant is the plan itself.

What is an ERISA settlement?

ERISA litigation refers to the process of taking legal action involving a pension, disability, or health benefit plan governed by ERISA. Most ERISA litigation is filed by an employee or former employee against their employer or insurance company.

Who enforces ERISA violations?

How is it enforced? ERISA is administered and enforced by three bodies: the Labor Department's Employee Benefits Security Administration, the Treasury Department's Internal Revenue Service, and the Pension Benefit Guaranty Corporation.

What is a claim for benefits under ERISA?

The regulations under ERISA define a claim for benefits as a request for a plan benefit or benefits made by a claimant in accordance with a plan's reasonable procedure for filing benefit claims. See 29 C.F.R. § 2560.503-1(e). All plans are required to have reasonable procedures for filing benefit claims.

What is an ERISA appeal?

An ERISA appeal is the procedure you must follow if your claim for benefits was denied under ERISA law. In most ERISA cases, you need to file an appeal before initiating a lawsuit against the insurance company. Hospitals should also exhaust the state-level appeals process before turning to federal ERISA legislation.

Is ERISA a federal question?

The Complaint in ERISA Cases Section 1331, as this action involves a federal question and a claim by plaintiff for employee benefits under employee benefit plans regulated and governed under ERISA.” The complaint requires a statement of venue, such as “Venue is proper pursuant to the provisions of 29 U.S.C.

What to consider when choosing an attorney?

Consider who your attorney has worked with most often. Are their clients typically corporations or individuals? These unique experiences could influence how they approach and handle your case.

Why do people ask specific questions?

Most people who need a service ask specific questions to help them make a good decision, and this same approach should also be taken by someone who’s in need of legal services.

Is it beneficial to have a lawyer practice in the same courthouse?

It may be beneficial for your lawyer to have practiced in the same courthouse where your case will be . They will have had interacted with and experiences its judge and can, therefore, evaluate the expectations for your case.

Can you ask a lawyer how many cases similar to yours?

C) In relation to the previous sub-questions, it’s okay to ask the lawyer how many cases similar to yours they’ve won. Remember: this is a “job interview” for the attorney. It’s similar to an employer asking you how about previous successes that are relevant to the role for which you’re applying.

Look for Someone Who Accepts ERISA Claims

Employer-sponsored long-term disability policies are governed by rules established by the federal Employee Retirement Income Security Act (ERISA). These rules favor the insurance companies and make it difficult to appeal a claim denial, so you should work with an attorney who knows what they’re doing.

Contact Monast Law Office With Your Questions

Monast Law Office is dedicated to helping clients whose claims for long-term disability benefits have been denied. Contact our office in Columbus to discover how we can help. To learn more about ERISA and the appeals process, request a free download of our book, Don't Go It Alone: How Insurance Companies Sabotage Disability Claims .

What is the question "Overview"?

Question Overview: This is a very common question and one that you should be prepared for. You want to find out what the candidate considers to be his/her strengths and weaknesses. The candidate may have a different view of his/her strengths and weaknesses than you do.

Is it uncommon for a client to be unhappy with the outcome of a case?

Question Overview: Clients are not always happy with the outcome of their case. In fact, it is not uncommon for a client to be unhappy with the outcome of a case. It is important that you find out how an attorney handles these situations.