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Pension & Disability Claims ERISA

Employers often provide employees with disability insurance and retirement benefits, including pensions based upon salary and years of service. When disputes arise over disability and retirement benefits provided by employers a complex federal law applies. The Employee Retirement Income Security Act ("ERISA") is a federal statute that governs the administration of employee benefits plans and outlines the rights and responsibilities of employers, employees, beneficiaries, and insurance companies. ERISA allows for administrative appeals and once a claimant exhausts his or her administrative appeals, federal courts will have jurisdiction over a potential lawsuit.

Unfortunately, under the guidelines established by ERISA, filing a claim and obtaining the benefits to which you are entitled can be a complex process. In addition, ERISA cases are not decided under state law. Instead, complex ERISA standards will apply.

ERISA is unique. A disabled claimant or an employee in a pension dispute must prepare for, plan against and protect him or herself in order to have the best chance of prevailing. It is critical to design a successful approach early on in the process in order to provide a basis for prevailing in the denial of a disability or pension claim. Attorney intervention at the earliest possible stage is critical in order to maximize the chances of success. If an administrative ERISA appeal is not successful and a federal lawsuit is necessary, it is critical to understand that a federal court may not be able to review any other materials other than the insurance company or employer's pension file and the contents of any administrative appeals.

We have successfully presented clients in ERISA claims and would welcome the opportunity to assist you. Call us today at (215) 884-6664 or contact us online to discuss your legal options.

Client Reviews
"I appreciate all of Marla's work, advice, guidance, compassion, kindness, and expertise. Without reservation, I will recommend her to anyone I come across with a workman's compensation issue, with much praise." Tim
"I had a unique and difficult workers comp case. Everything about my case was stacked against me, including my own doctor! Marla was recommended to me through a local union member. When I called and spoke to her, I knew that she was exactly the right person for me to work with. She was always there for me 100%, even when it looked like my case was sinking; but she never gave up and fought for me until I won my case. She is a very nice woman, extremely fair and honest and very knowledgeable in workers' compensation law. My highest recommendations go to Marla Joseph!" Kathy
"Marla: Thank you for always putting every effort into all of the hard work that you've done for me. Your professionalism is "unmatched" by all standards and I am mostly grateful to call you a friend! You are ALWAYS a professional and ALWAYS my friend. God Bless You and Your Family!" Andrew
"Thank you so much for all your help and understanding throughout Bill's accident and beyond. You are a wonderful person and more than our Attorney, but our friend. Please know we make sure to let anyone that could use your expertise aware that you are the ONLY one to contact as far as we are concerned if they want the best! Thank you again." Kristen
"When I first met with Marla Joseph, I discovered that all of the health problems I had were so much more serious than even I thought. She took my case on, and for the first time in my adult life, I felt that someone, other than my family, understood what my life was like. I was treated with the utmost respect and consideration. All phone calls were promptly returned. All correspondence was generated and followed-up with carbon copies to me. Meetings, doctors' appointments, and hearings were scheduled in a timely manner. Throughout this ordeal, Ms. Joseph always prepared me for important events and I was never alone. Marla was always there for me and believed in me. When an attorney genuinely keeps her clients' well-being and concerns in such a high regard, you know that you have someone very special on your side." Lenesther