Pension Denial

Pension Denials

Pension Attorneys Protecting Your Rights, Nationwide

A favorite trick among dishonest pension plan administrators and fiduciaries is promising you a great pension plan through your employment, only to try to deny it as you near the age of retirement. What many people do not realize is that pension plans and their many benefits offered by private employers are actually shielded from undue tampering by the federal Employee Retirement Income Security Act (ERISA) law.

ERISA law provides protection from various forms of pension plan tampering, such as:

  • Bad, unwise, or unreasonable investment decisions
  • Overpriced fees for investment options
  • Misrepresentations, omissions, and undisclosed pension plan information

Has your employer or a pension plan administrator tried to deny your pension after your years of loyal employment, or have they mismanaged it to the point it lost its value? Call (877) 783-8686 and talk to a pension denial lawyer of Kantor & Kantor, LLP. Our pension team handles individual claims, claims on behalf of the pension plan as a whole, and class actions. We would be honored to have the chance to stand up for your rights to your deserved, earned pension. Since ERISA law is mandated by federal statutes, we do not need to be located in your state to help you.

Get a team of real legal fighters in your corner. Fill out an online contact form now.

Challenging a Denied Pension Plan

In order to deny your pension plan, the plan’s provider must have valid legal grounds to do so. As it typically stands for pension plan denial cases, valid reasons to completely deny a pension plan are somewhat rare, such as the pension fund running out of money. Yet, even in such a case, it may be revealed that gross mismanagement of the pension fund caused the diminishment of finances, and you would likely still be entitled to your pension. You should be prepared to appeal the denial of benefits by working with our pension attorneys, who serve clients in all 50 States.

Key details about appealing a wrongfully denied pension plan:

  • You must be informed that your pension will be canceled or diminished at least 60 days before the cancelation date.
  • A notification of pension denial must include any specifics about how to appeal that may exist due to rules set by your pension plan provider.
  • Upon notification, you will have 60 days to request an appeal, which will prompt a review of your pension and the reasons behind its denial.
  • The party that reviews your pension denial appeal case will have 120 days to reach its decision and notify you.
  • When you are notified by the reviewing party, the explanation must be provided to you in “plain English.”

Terminated Plans & Filing an ERISA Lawsuit

When a pension fund runs out of finances, the provider is required to notify you at least 60 days before the termination date that it will be terminated. If your pension is covered by the Pension Benefit Guaranty Corporation (PBGC) — a federally chartered corporation that was established with the passage of ERISA — then the plan administration may need to come up with a payment schedule to provide you with the funds currently in your pension plan. If the PBGC does not insure your pension plan, and there was no mismanagement of its funds, then your pension rights might be terminated without a chance of appeal.

However, when there is reason to suspect that wrongdoing or mismanagement led to your drained pension fund, you can file a lawsuit against the pension administrator and/or its fiduciaries. This lawsuit will need to go to federal court due to the governing ERISA laws. At Kantor & Kantor, LLP, our team of pension attorneys have the ability to represent you in federal court, which means we can represent you no matter what state you call home. We will handle your case as if we were representing ourselves.

Request a FREE consultation with our team by calling (877) 783-8686 today.

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