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Retirement plan claims take many different forms. Though, these claims tend to share one key overlapping factor: The retiree has not been paid the full benefits that he or she deserves. At Kantor & Kantor LLP, our lawyers have extensive experience handling all types of ERISA covered retirement plan claims. ERISA, which stands for the Employee Retirement Income Security Act of 1974, is a federal law that requires retirement plans to conform to certain standards and provides appeal rights for claimants. Some examples of retirement plan claims that our firm has experience handling include:
The United States Department of Labor (DOL) has set forth certain guidelines for how retirement plan claims are to be handled. When initially submitting a claim, it is critically important that you understand your rights and your requirements under the terms of your specific plan. The general process for claims is as follows:
The filing of an appeal: Claimants have up to 60 days to file their appeal. When appealing, you may want to provide additional information that supports your claim.
Review of your appeal: Your appeal will then be reviewed for a period of up to 120 days.
Denial of your appeal: Finally, you will be issued an official decision on your appeal. If your appeal is denied, you will have the legal right to file a lawsuit. To be clear, you can only file a lawsuit after your claim has gone through the full appeals process.
To best protect your legal rights and financial interests, you need to get an Oakland retirement plan claims attorney by your side at the time of the first denial. Ultimately, like every other claimant, you want to get your full and fair retirement benefits as soon as possible. Being forced to file a lawsuit is not desirable as it comes with risk and can take a considerable amount of time. The best case scenario is to get your claim resolved during the initial appeals process. Additionally, it is critical to get an attorney involved early in the process because the court will be limited in what information it can consider in your case. If information in your favor was not submitted properly during the appeal process, it may not be allowed into the record during future court proceedings.
At Kantor & Kantor LLP, our team has experience handling all types of retirement plan claims. If you have had your retirement plan benefits denied in Oakland, California, please contact our office today to set up your free initial consultation.
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