Frequently Asked Questions

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.  

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.

Yes. Most ERISA-governed benefit plans have strict deadlines for appealing a denied claim, often as short as 180 days from the date of the denial letter. Missing these deadlines can significantly affect your ability to pursue benefits. An experienced ERISA attorney can review your denial, gather the necessary evidence, and ensure your appeal is submitted on time.

Reynolds& focuses exclusively on ERISA law. We represent employees, plan participants, and beneficiaries in matters involving long-term disability claims, short-term disability claims, pension and retirement plan disputes, health benefit denials, fiduciary duty violations, and other employer-sponsored benefit plan issues. Whether you are filing an appeal or pursuing litigation, our attorneys provide strategic guidance tailored to your case.