ERISA Laws and ERISA Litigation Attorney

Kimberly H. Ashbach, Esq.

Most employees receive a variety of “health and welfare benefits” as part of their compensation for employment. These benefits can include medical and dental plans, vacation pay, pension and retirement benefits, stock and stock options, disability and life insurance benefits

The manner in which those benefits are awarded and conferred is governed by the Employee Retirement Income Security Act ("ERISA"). ERISA is a comprehensive federal statute that puts in place procedures for the recovery of benefits, once a decision to award benefits has been made by your employer. ERISA does not mandate that an employer offer employment benefits to you. What it does is protect an employee's rights to recover benefits that have been granted to you as a 'participant' in an ERISA plan.

ERISA requires that employers furnish their employees with summary plan descriptions identifying their rights; permit employees access to plan documents; and provide for a claims procedure if and when benefits are denied. Violation are subject to enforcement by the U.S. Department of Labor, employer fines and penalties, as well as civil remedies, including awards for attorneys’ fees and costs incurred in the recovery of benefits.

Many employers have no knowledge of their requirements under ERISA, creating ERSIA plans that are not complaint, risking fines and penalties related to ongoing non-compliance.

This fact alone makes clear the need for businesses and business owners who provide any type of employee benefits programs to seek the advice and counsel of an experienced ERISA lawyer.

In my practice as a Pennsylvania ERISA attorney, I represent employees and employers in the Philadelphia Metropolitan area and throughout eastern Pennsylvania in ERISA-related litigation and provide guidance and counsel to those seeking to help their businesses steer clear of this troublesome and complex area of the law.

ERISA issues can arise from the creation, administration and maintenance of the following:

• Pension plans
• 401k plans
• Severance packages
• Disability benefits programs
• Employee health care plans
• Employee incentives programs

Employees need to be aware of the administrative review process and the need to make timely appeals in order to perfect and preserve a claim for the denial of benefits. Once the claim review process is complete, ERISA matters are ripe for federal litigation.

Employers need to take a proactive and aggressive approach to avoid problems and costly litigation in this area. To help you accomplish your goal, I can audit your current or planned programs to make sure they are in compliance with the necessary requirements of the law.

If a problem becomes clear during this review, I can help you to restructure the program in a way that will protect your business from future problems.

If a problem has already arisen and your business is faced with either accepting the DOL's penalties or defending yourself in court, I can also assist you in avoiding potentially severe punishments.

For answers to questions about the denial of employment benefits or your employee benefit programs, contact me directly at my law offices in Ambler, Pennsylvania, today.