Hiring an ERISA Attorney: Why Experience Matters

The complexities of ERISA, the Employee Retirement Income Security Act, are great and generally require the counsel of an experienced attorney whose practice focuses on ERISA to guide you through the process. So, how can an experienced attorney help?

Attorney Ron Dean

Ron Dean, a California attorney who has been engaged in employee benefits litigation primarily on behalf of participants for over 30 years, has been representing people in these kinds of claims for over 37 years – even before ERISA became law. In a recent interview, Dean told us, “Over that time, I’ve come to realize that plans have a huge advantage over the people who are asking for benefits from the plans. Plans do this for a living, but claimants have one, maybe two claims in their whole lives. Worse, fundamental justice just doesn’t apply in ERISA claims, so you can’t rely on your common sense to guide you through the process.”

Experience matters

In his experience with ERISA claims, Dean says that not only should you talk to a lawyer; you should talk to someone who has experience in these kinds of claims. He explained, “Too often I’ve seen otherwise very good lawyers not understand the tricks of the ERISA trade and so go in the wrong direction. Many ERISA lawyers are happy to help out with some basic guidance without charge. There’s a lot to learn in a quick ten or fifteen minute phone call with an expert. He or she can help you decide what’s involved, whether you have a strong case and what the next steps are.”

“It’s important to get a lawyer to at least review your case and your appeal before you submit that final appeal. The lawyer will provide an objective evaluation of the problem, and how it should be addressed. Once the final appeal is over, it’s usually too late to get in evidence the lawyer thinks should have been submitted and too late to make arguments that should have been included.”

How are ERISA attorneys compensated?

Most ERISA lawyers are willing to work either on an hourly fee basis or a contingency fee basis if you have a strong case, according to Dean. He said, “In a contingency fee case, the lawyer only gets paid if you win the case, and then gets a percentage of what you win. If the case is lost, you don’t own fees. Because the lawyer is taking a risk of loss, a contingency fee will nearly always be more than the fee would have been on a straight hourly basis.”

“You should discuss this carefully with the lawyer and try out different scenarios to see how much the fee would be in different cases. For example, in a strong case, you may want to pay the lawyer an hourly fee to help you with the appeal and, only if the appeal is denied, then talk to the lawyer about a contingency fee.”

If you’ve been denied valid benefits that are subject to ERISA, contact an attorney whose practice focuses in this area of the law. Consultations are free, without obligation and are strictly confidential. To contact a qualified attorney to discuss your situation, please click here.

Case Studies: ERISA Attorney Success Stories

Case Study 1: Resolving a Denied Disability Benefit Claim

John, a 45-year-old employee, suffered a severe back injury that left him unable to work. He filed a disability benefit claim with his employer’s ERISA-governed plan, expecting to receive the financial support he desperately needed.

However, his claim was denied by the plan administrator, stating that his injury did not meet the plan’s definition of disability. Frustrated and unsure of his options, John sought the assistance of an experienced ERISA attorney.

The attorney carefully reviewed John’s case, identified the plan’s erroneous interpretation of disability, and prepared a comprehensive appeal. With the attorney’s expertise, John’s appeal was successful, and he ultimately received the disability benefits he deserved.

Case Study 2: Challenging a Wrongful Termination Under ERISA

Sarah was terminated from her long-standing job shortly after she raised concerns about potential ERISA violations within the company’s retirement plan. Feeling unjustly targeted, she consulted an ERISA attorney to explore her legal rights.

The attorney conducted a thorough investigation, gathering evidence to support Sarah’s claim of wrongful termination in retaliation for reporting ERISA violations. The attorney filed a lawsuit against the employer, alleging violations of ERISA’s anti-retaliation provisions.

Through the attorney’s diligent representation, Sarah’s case reached a favorable settlement, which included reinstatement to her former position and compensation for lost wages and damages.

Case Study 3: Obtaining Long-Term Disability Benefits

Mark, a 52-year-old employee, suffered a serious illness that rendered him unable to work for an extended period.

He applied for long-term disability benefits through his employer’s ERISA plan but received a denial letter stating that his condition did not meet the plan’s criteria for disability.

Unsure of how to proceed, Mark engaged the services of an experienced ERISA attorney specializing in long-term disability claims. The attorney conducted a comprehensive review of Mark’s medical records and built a strong case to challenge the denial.

With the attorney’s guidance, Mark filed an appeal that included additional medical evidence and expert opinions. As a result, the insurance company reversed its decision, and Mark was granted the long-term disability benefits he was entitled to under the plan.