ERISA Attorney in Chicago

An ERISA Lawyer in Chicago can help you file an appeal or lawsuit against your insurance provider for the denial of benefits. Typically these lawyers operate on a contingency basis.

ERISA lawyers assist clients on various employee benefits issues, including conflicts of interest, fiduciary duty and prohibited transactions. They are often asked to assist public and private investment fund find and avoid issues in their mergers and acquisitions.

ERISA is a federal law

ERISA is an intricate law that governs almost all employer-provided health and retirement benefits. It also regulates how the funds are used in these plans. Consequently, it requires detailed disclosures and reporting and fiduciary obligations. It also establishes requirements for vesting and establishes the Pension Benefit Guaranty Corporation to ensure that employees are paid in the event of a plan sponsor's bankruptcy.

In addition, ERISA preempts state laws regulating insurance. Illinois' antisubrogation laws, which prevent health insurers from recoup claims payments from personal injuries settlements and judgements, do not apply for ERISA-governed insured health or disability insurance.

Attorneys representing plaintiffs have become increasingly interested in class actions ERISA litigation. This is not surprising the ERISA-governed plans have billions of dollars of assets. This is why the plaintiff's bar has targeted them for lawsuits alleging breach of fiduciary duty as well as negligence. The most important thing to defend against these claims is the right legal team. Our ERISA practice combines deep expertise with skilled advocacy and cutting-edge information.

It's a complex law

ERISA law covers a broad range of issues related to welfare and pension plans. ERISA litigation is often complicated and involves a mixture of federal law, state law and common law. It also incorporates elements of trusts law, contract law and administrative law.

The ERISA Litigation Practice represents plan sponsors, fiduciaries and administrators, insurers, and payors in lawsuits that arise out of the administration of employee benefit plans, including retirement, health and other benefits. This includes disputes regarding the entitlement to benefits, breaches of fiduciary duty, and allegations of violations of ERISA.

Mark DeBofsky is a highly experienced ERISA lawyer who is committed to defending the rights of his clients and obtaining positive outcomes. He has handled successfully a variety of ERISA disputes including retaliation claims under ERISA and whistleblower cases. He has earned the AV Best peer review rating from Martindale-Hubble, and is an ERISA "Super Lawyer." He has a wealth of experience in class action defense and frequently defends employers and their insurance companies against claims of retaliation under ERISA.

It's a law that is time-sensitive

It is important to be aware that you must meet certain deadlines in order to file ERISA claims. If you don't adhere to these deadlines, it can be disastrous for your claim. This is because insurance companies strictly enforce these deadlines to ensure efficiency in the claim process and to give them a finality.

Additionally, ERISA cases differ from traditional civil lawsuits in important ways. For instance, they're generally filed in federal courts and are based on trial by bench, not jury trials. In addition, courts generally set strict guidelines for "discovery" in these cases, limiting depositions as well as other techniques for gathering evidence that are common in civil lawsuits.

ERISA protects the benefits of a group that millions of Americans and their families depend on for healthcare as well as retirement savings and insurance coverage. You need an experienced Chicago ERISA attorney to help you settle a dispute about your rights with an insurance company. You can also seek help from an attorney in other legal issues related to your pension plan.

It's a difficult law to navigate

The Employee Retirement Income Security Act of 1974 (ERISA) requires private companies that offer retirement and health plans to conduct business in an open and fair manner. It also sets an established set of standards for disability and pension benefits to ensure that they are managed in a fair and efficient manner. If your employer has mishandled an extended disability claim, you can file a ERISA claim in order to receive the money you're entitled to.

However, ERISA claims can be difficult to handle because of the sheer volume of paperwork and the strict legal requirements. Additionally, ERISA lawsuits must be filed in federal courts and not in state courts, as with other civil lawsuits. Your case might not be qualified for a trial before a jury, and a judge would decide on the merits without additional evidence. Your lawyer can offer professional advice to help navigate this complex process. Loftus and Eiberg LLC's business law lawyers can assist you in ERISA litigation.