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Americans are encouraged to rely on multiple different avenues to provide financial security during retirement. Indeed, Social Security has long been referred to as simply one leg of a three-legged stool, with the other legs being personal savings and employee benefit plans. This metaphor highlights the important balance that must be struck to ensure a financially stable retirement. Having your retirement benefits denied creates a serious disruption to that balance. A denial puts many San Jose retirees in a difficult financial position. At Kantor & Kantor LLP, our firm helps claimants seek their full and fair retirement benefits. We handle all different types of ERISA regulated retirement plan claims, including those stemming from defined benefits plans such as pensions and defined contribution plans such as a 401(K).
The Employee Retirement Income Security Act of 1974 (ERISA) is federal legislation that regulates the administration of employer sponsored retirement plans. More specifically, ERISA:
ERISA also sets up standards for how the claims and appeals process should be handled. If you are seeking retirement benefits, the first thing you need to do is to get the Summary Plan Description. Your plan administrator is required by law to comply with such a document and this document should have comprehensive information about your rights and responsibilities under the terms of your specific plan.
After you submit your initial claim for benefits, you should get a written response within 90 days. Often this response will be a decision, though in some cases, plan administrators may inform you that they need another 90 days to review your claim. If your initial claim has been denied, you still have legal options available. However, you must submit an appeal within 60 days of receiving your initial denial. You can not file a lawsuit without first going through this appeals process. Further, you should get an attorney involved in your case as soon as your first receive a denial letter. Your attorney will be able to help you file a proper appeal and will make sure that you submit any necessary additional documentation into the record.
If your retirement benefits have been denied in San Jose, the experienced attorneys at Kantor & Kantor LLP are standing by, ready to help. To learn more about what our team can do for you, please do not hesitate to contact our office today to set up a free review of your case.
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