Experienced ERISA and Employee Benefits Claims Attorney
HELPING YOU OBTAIN THE BENEFITS YOU DESERVE
The Employee Retirement Income Security Act of 1974, commonly called ERISA, is a federal law regarding employee’s rights to their employment benefits, such as disability insurance, health insurance, life insurance and more. Unruh Law, P.C. fights for your rights to employer-provided benefits covered by ERISA. Since the founding of my firm, I’ve used my experience and knowledge to aggressively represent individuals in obtaining the benefits they need and deserve.
WHAT DOES ERISA COVER?
Many employer-provided benefits are covered by ERISA, including:
- Life insurance
- Accidental death & dismemberment insurance
- Long-term disability insurance
- Short-term disability insurance
- Health insurance
- Dental insurance
- Retirement plans (401Ks, for example)
ERISA applies to private employers who offer benefits (or plans) but doesn’t require employers to provide them. It also doesn’t apply to privately purchased insurance coverage.
DOES ERISA APPLY TO MY CASE OR NOT?
I assist clients in determining whether ERISA is applicable and if you may have a claim against your employer or their insurance company. There are four questions that help me determine when ERISA applies:
- Who pays the premiums? If the employer pays all or some of the premium, it’s likely covered by ERISA.
- Who is the contact? If your contact person is the “plan administrator,” this is probably ERISA covered.
- For whom do you work? Private companies are probably covered by ERISA but government entities and religious institutions are not.
- What kind of insurance is involved? If it’s employer-paid insurance, it’s likely covered by ERISA — but other kinds, like homeowners insurance, are not covered.
Insurance companies are in business to make money — so plan administrators often deny initial claims. No matter what obstacle has been placed in your way, rest assured that I strive diligently to help you overcome it, and work tenaciously to attain the best possible result for you in your ERISA claim.
REPRESENTING PARTIES IN ALL TYPES OF ERISA CASES
I am able to deliver skillful advocacy for various types of ERISA litigation, including:
- Denial of benefits Often, benefits are not what the beneficiary expected. If this type of dispute arises, I give clients complete legal support starting with advice on potential issues concerning the statute of limitations and administrative record.
- Breach of fiduciary duty I am familiar with the current statutory duties imposed on plan administrators, investment managers and others with control over the plan. Should a violation be alleged, I provide knowledgeable advocacy to give you the best possible chance at success.
- Removal motions In most situations, an ERISA matter filed in state court can be removed to federal jurisdiction. I can describe how the difference might affect your case and will strive to have it heard in the forum that works best for you.
Even if you’re not certain how ERISA applies to your benefits issue, Unruh Law, P.C. will review the matter and give you an outline of what you can expect.
ERISA ADVISER WITH THE NECESSARY AWARENESS OF FINANCIAL AND HEALTHCARE ISSUES
Part of the reason why ERISA cases can be so complex is because they involve questions of detailed financial transactions and the technicalities of health insurance. Whether you’re a beneficiary, employer or administrator, I will synthesize the sophisticated issues for you and put my knowledge to your advantage.
Contact me for determined help with ERISA disputes
At Unruh Law, P.C., I provide knowledgeable counsel and legal support for any dispute under ERISA. Call 833-753-5168 or contact me online to schedule a consultation. The firm is conveniently located in San Francisco and represents clients throughout the State of California.