ERISA, or the Employee Retirement Income Security Act of 1974, is a federal law initially passed to regulate and reform private (non-governmental) pensions. In the 50 years since the law has passed, however, private pensions have been largely replaced by 401(k) and similar-type retirement plan, and ERISA's biggest ongoing impact is on health and welfare employee benefit plans, many of which are issued and administered by insurance companies.  

Employee benefit disputes governed by ERISA are subject to its unique rules and regulations. A plan participant must first file a claim appeal before she can file a lawsuit demanding payment of benefits.

Unlike a typical lawsuit, however, a lawsuit filed for an ERISA claim often does not allow the plaintiff to take depositions, issue discovery requests, or introduce any new supporting evidence. Instead, the judge typically only considers the evidence and arguments that were submitted during the claim appeal process. This makes it paramount that an attorney familiar with ERISA litigation handles your ERISA appeal - you may not be able to correct mistakes made during the claim appeal process or otherwise provide the evidence a judge would need to rule in your favor.  

Reynolds& is a law firm within a law school. The legal clinic at Chicago-Kent College of Law offers law students the ability to learn the practice of law under the supervision of a clinical professor. The clinical professors otherwise operate their law practices like a normal law office, and the experience for clients is virtually the same. In many ways, it is the same model as a teaching hospital - medical services are provided to patients by qualified, experienced doctors who use their cases to teach medical students.

Yes. Chicago-Kent College of Law has operated a fee-generating clinic for over 40 years. However, most Reynolds& clients only pay a fee if their appeal is successful, and the fees are very competitive with other law firms that have similar expertise in handling ERISA claim appeals.

Yes, sometimes. ERISA is a federal law that applies to all 50 states, and there are a variety of factors that go into an evaluation of whether we can handle any one particular case. But we have handled cases with clients outside the Chicagoland area and would welcome the opportunity to speak more about your case.