ERISA

Los Angeles ERISA Attorneys

ERISA Cases in California

A Los Angeles ERISA lawyer has to recognize several factors regarding this federal mandate that affect long term disability cases. First, ERISA preempts state laws. This means that insurance companies must adhere to ERISA stipulations over local Los Angeles or California state rules. Second, claimants typically can expect more protection under ERISA law, which specifically calls for recovery where an insurance company has unjustly denied benefits.

Finally, a lawyer must recognize that federal law doesn't apply to private policies, so these cases must be handled differently. The vast majority of employee-sponsored disability insurance, however, is covered under ERISA. This gives lawyers an advantage, because the ERISA law was created to protect employees who have been injured on the job or over a long period of time working for a company.

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Important ERISA Regulations

Like most federal acts, ERISA is rife with rules and legalese. In its complex workings, there are a number of regulations that are designed to define its purpose and ensure it is capable of being carried out as such. Namely, ERISA contains regulations that are supposed to help ensure that people are able to access retirement and health plan benefits as needed, especially after suffering a permanent disability.

A few important ERISA regulations involve:

  • Creating minimum ERISA plan participation requirements
  • Designating how plans are funded
  • Deciding fiduciary responsibilities for parties that control ERISA plans
  • Establishing appeals processes for denied or contested plans

How ERISA Works

As mentioned, ERISA law supersedes similar insurance and disability laws on a state level. If disability or retirement benefits have been unjustly denied, then an ERISA claim can be filed that must be respected under the federal act’s regulations. An insurance company cannot try to avoid this responsibility by crossing legal stateliness. This universality to ERISA law and its permissions makes it simpler for claimants and plaintiffs to seek the recoveries and benefits that they are owed.

Types of Cases We Handle

Our Los Angeles ERISA lawyers have successfully litigated countless long term ERISA cases, for conditions such as:

  • Fibromyalgia
  • Chronic fatigue syndrome
  • Bipolar disorder
  • Degenerative disc disease
  • Carpal tunnel syndrome
  • Epstein-Barr virus
  • Osteoarthritis

There is no ERISA case too complicated for our lawyers to handle. Whether you've been receiving benefits and were recently cut off or you have been denied initial benefits, we can help. We serve clients throughout the West Coast, including Los Angeles, San Diego, San Francisco, San Jose, Reno, Portland and Seattle.

When you call us there is no obligation to use us for your case. We will simply review the details of your situation and let you know if we think you have a valid claim against your insurer in Los Angeles.

Contact us to initiate a free consultation regarding your long term disability.

ERISA FAQs

What does ERISA stand for?

ERISA is an acronym of the Employee Retirement Income Security Act of 1974. Because this title is quite wordy, it is called ERISA for short in nearly all contexts.

Can ERISA claims be waived?

In some situations, ERISA benefits can be waived, which would negate a claim. However, benefits must be waived knowingly and voluntarily by the beneficiary. Mostly, ERISA claimants would not want to waive their benefits unless they were guaranteed a lump-sum financial settlement in exchange that covered everything that they needed.

Are ERISA claims arbitrated?

An ERISA claim can be handled in arbitration under the rules of the Federal Arbitration Act (FAA). Because arbitration is not handled in court, it is even more important than usual to hire an attorney who understands the subject matter and the nuances of arbitration. Otherwise, in arbitration, the opposing party could trample your rights and face no legal consequences.

Who enforces ERISA law?

ERISA law touches upon several important legal concepts, and so, it is enforced by more than one government agency. The Internal Revenue Service (IRS), Pension Benefit Guaranty Corporation, and the Employee Benefits Security Administration (EBSA) all have the ability to enforce ERISA law.

Where do you file an ERISA complaint?

Typically, we file ERISA complaints with a client’s regional EBSA office. This can also be done online through the Department of Labor’s website.

Client Testimonials

  • “The team at Kantor and Kantor, particularly Andrew Kantor and his Intake Specialist Amy, have been kind to me, and patient with my many questions and concerns. In battling for disability benefits, they're versed in my illness which makes them not only bett”

    - Perry N.
  • Owners and HR Administrators are out of this world.

    - Carmen S.
  • “Fantastic communication great people. Very patient and understanding. Excellent results.”

    - Kevin B.

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