ERISA Q&A

If you are unfamiliar with ERISA law, you may have questions about it. Read on to learn the answers to those questions.

Your Questions, Answered

• What is ERISA?

  • ERISA stands for the Employee Retirement Income Security Act of 1974 (ERISA). This nationwide regulation places minimum principles for the majority of voluntarily substantiated retirement and health plans in the private sector in order to furnish safeguards for people with these plans.

• Who is exempt from ERISA?

  • Employee benefit plans supplied by government entities and religious organizations are exempt from ERISA. Usually, city, county, and state employees are not subject to ERISA.

• What is ERISA’s purpose?

  • ERISA was designed in order to verify that you receive the benefits you deserve and were vowed to you by your employer. If you don’t, ERISA gives you the right to sue.

• When ERISA applies, who can I sue?

  • You may sue the plan itself, the administrator of the plan, or the claims administrator in order to recover benefits or enforce rights under ERISA.

• Do I need an attorney to help with my ERISA appeal?

  • YES! If your ERISA claim is denied, you will need to file an appeal with the company that denied your claim before you are able to file a lawsuit. You are technically allowed to appeal an ERISA decision without the help of an attorney, although your chances of winning a lawsuit if your appeal is denied are much lower. Keep in mind that you will not be able to submit new evidence to support your claim during the appeal process. You will only be able to use the documents that already exist in the insurance company’s database.

We Can Help

If your ERISA claim was denied, don’t attempt to handle your appeal alone. ERISA law can be tricky, so it is in your best interest to seek representation that is accomplished and highly effective in this area of the law. The San Francisco attorneys at Delfino Green & Green have 30 years of ERISA experience and know how to handle these types of cases. Don’t wait to start your claim—we’re available to help you now.