ERISA Attorney in Chicago

An ERISA Lawyer in Chicago can help you file an appeal or a lawsuit against your insurance company over the denial of benefits. Typically they work on a contingency fee basis. ERISA lawyers provide advice to clients on the broad spectrum of issues related to employee benefits, such as conflicts of interest and prohibited transactions. They are frequently called upon to help public and private investment fund identify and avoid problems in their mergers and acquisitions.

ERISA is a federal law

ERISA is a complex law that governs almost all employer-provided health and retirement benefits. It also regulates how funds are utilized in these plans. This means it must require detailed reports and disclosures as well as fiduciary responsibilities. It also establishes the Pension Benefit Guaranty Corporation and sets up vesting obligations to ensure that employees get their benefits in the event of bankruptcy. In addition, ERISA preempts state laws regulating insurance. For example, Illinois' anti-subrogation laws that prevent health insurers from recovering claims payments from personal injury settlements and judgments, do not apply to ERISA-governed insured group health or disability insurance. Plaintiff's lawyers have become increasingly interested in class action ERISA litigation. This is not surprising: ERISA-governed plans contain billions of dollars in assets. This is why the plaintiff's bar has targeted them for lawsuits claiming breach of fiduciary duty as well as negligence. The key to defending against these claims is the appropriate legal team. Our ERISA practice is a blend of deep expertise, skilled advocacy, and cutting-edge knowledge.

It's a complex law

ERISA law covers a broad variety of issues related to welfare and pension programs. ERISA litigation is often complex and involves a mix of federal law and state law, as well as common law. It also includes elements of contract law, trust law, and administrative law. The ERISA litigation practice represents plan sponsors, fiduciaries, administrators, insurers, and payors in lawsuits arising from the administration of retirement, health and other employee benefit plans. This includes disputes over benefit entitlement, breach of fiduciary obligation and allegations of violations of ERISA. Mark DeBofsky, a highly-experienced ERISA attorney, is dedicated to protecting the rights of clients and achieving the best results. He has handled successfully many ERISA disputes, including retaliation claims under ERISA and whistleblower cases. He has been given the AV Preeminent rating by Martindale-Hubble and is an ERISA “Super Lawyer.He has a wealth of experience in class action cases and regularly defends employers against discrimination under ERISA.

It's a law that is time-sensitive

It's crucial to understand that you must meet certain deadlines if you want to file an ERISA claims. In the event of a delay, it could result in the demise of your claim. Insurance companies enforce these deadlines to ensure the efficiency of the claims process. In addition, ERISA cases differ from standard civil lawsuits in key ways. For example, they're typically filed in federal courts and involve bench trials instead of jury trials. In addition the courts in these cases place strict limits on the "discovery" and limit depositions and evidence gathering techniques that are commonly used in civil lawsuits. ERISA safeguards the group benefits that millions of Americans and their families rely on for healthcare and retirement savings as well as insurance coverage. If you're in dispute with an insurance company regarding your rights, you should consult an skilled Chicago ERISA lawyer to level the playing field. You can also seek help from an attorney with other legal issues that relate to your pension plan.

It's a law that's difficult to navigate

The Employee Retirement Income Securities Act of 1974 (ERISA) is a law that requires private companies that offer retirement and health plans to conduct their business in a fair, transparent manner. It also sets out a standard for the administration of disability and pension benefits. If your employer has mishandled an extended disability claim, you may file an ERISA claim to receive the money you are entitled to. However, ERISA claims can be difficult to handle due to the amount of paperwork and the strict legal requirements. ERISA suits must also be filed in federal courts not state courts like other civil lawsuits. Your case may not be eligible for a jury trial and a judge will decide on the merits of the case with no additional evidence. Your attorney can offer expert advice to guide you through this complicated procedure. The attorneys for business law at Loftus & Eisenberg, Ltd can assist you with your ERISA litigation.