ERISA News: 3-24-05 Law.com - $240,000 in Legal Fees added to $800,000 victory in pension benefits dispute with CIGNA Corp - Depenbrock v. CIGNA Corp.

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The Employee Retirement Income Security Act of 1974 (ERISA) is a set of federal laws that sets minimum standards for most voluntarily established pension and health plans in the private industry. Its purpose is to ensure benefits for pension and health plan participants and their beneficiaries, which include medical, surgical or hospital care in the event of sickness, accident, disability, death or unemployment. ERISA also ensures vacation benefits, training programs, day care centers, scholarship funds and prepaid legal services . ERISA applies to any employee benefits plan that has been established or maintained by an employer.

A recent amendment to ERISA is the Consolidated Omnibus Budget Reconciliation Act (better known as "COBRA"). COBRA provides workers and their families the right to continue their health insurance coverage for a limited time after certain events, such as the loss of a job.

The Health Insurance Portability and Accountability Act is another important amendment to ERISA which provides options for those employees who may suffer discrimination under health plans because of a pre-existing medical condition that they may have.

Government, church and foreign plans are among the plans exempt from ERISA. Also exempt, in most cases, are self employed individuals (if only themselves and family members are covered in their plans), and a partnership of lawyers, doctors or accountants (if the plan only covers the partners).

The Department of Labor recently passed regulations that now require all ERISA plans have benefit determination rules and an appeal process for its participants. The regulation is effective for plans that are issued or renewed on or after July 1, 2002. The purpose of this regulation is to establish timely benefit determinations, improve access to information on benefit decisions, and to ensure members that they will be given a full and fair review of any denied claims.
Claims are usually brought by participants, or their beneficiaries, for benefits denied because of disputes over the facts of the case or disagreements over the interpretation of plan terms. Frequently, these claims are included with other types of claims against the employer, such as wrongful discharge or employment discrimination based on age, sex, or disability.

The most obvious remedy for a benefit denial is payment of the benefits due. ERISA has statutory remedies allowing a beneficiary to recover the benefits due and allow the clarification of future rights under the plan. This provision permits the plan beneficiaries to bring an action for appropriate relief against ERISA fiduciaries who breach their responsibilities. (A fiduciary is a person who exercises discretion over the management and administration of the plan. The responsibility of a fiduciary is to act in the interest of the employees for the purpose of providing benefits.) By statute, such relief may be monetary or equitable.

An attorney can assist an employee through the complicated issues involved in ERISA litigation, if he is well-versed in the following areas:

Erisa Lawyers

Asheville Personal Injury Attorneys - The Elmore Law Firm handling accident claims, medical malpractice, nursing home abuse and other serious injury cases. (828) 253-1492

Arthur M. Blue Law Office, P.A., Personal Injury lawyers, Carthage & Southern Pines, North Carolina - (910) 947-1500

Austin, TX Civil and Criminal Trial Lawyers – Austin law firm of Minton, Burton, Foster and Collins practices in the areas of criminal defense, felony defense, DWI, drug offenses, federal defense, and personal injury.

Austin, TX Personal Injury Lawyers – Barry & Loewy LLP handling personal injury, accident, and products liability claims throughout Texas. 1(800)892-5044

Austin DWI Lawyer – The Austin law firm of Minton, Burton, Foster and Collins practices in the areas of Underage Drinking, drug related boating accidents, DWI Defense, Public intoxication, and DUI Offenses.

Anderson & Anderson Attorneys, LLP, Personal Injury, Social Security Disability, Workers' Compensation, Criminal Law, Traffic & DWI, North Carolina - (888) 895-2962