ERISA Claims

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The Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §1001 et
seq., is a federal law that governs private sector employee pension and health plans.
ERISA establishes minimum requirements for fiduciary duties, reporting and disclosure
obligations, participation and vesting standards as well as enforcement of these
mandates.
ERISA requires plan administrators to provide participants with benefit statements and
other plan information about plan features and funding. In addition, ERISA provides
rigorous fiduciary responsibilities for those who manage and control plan assets;
requires plans to establish a grievance and appeals process for participants to secure
benefits to which they are entitled; and gives participants the right to sue for benefits
and breaches of fiduciary duty.

Berman Legal specializes in representing individuals in matters related to employee benefits, ensuring that fiduciaries—including employers, trustees, administrators, advisors, and record keepers—comply with the rigorous standards set forth by the Employee Retirement Income Security Act of 1974 (ERISA), as well as applicable Department of Labor and Internal Revenue Code regulations.

Our extensive experience includes handling cases involving:

  • Benefit “overpayment” disputes
  • Denial of benefit claims
  • Breach of fiduciary duty
  • Failure to meet fiduciary disclosure obligations
  • 401(k) excessive fee litigation
  • Unlawful benefit “cutback” claims

We are committed to protecting the rights of employees and retirees in both private industry and the public sector, helping them secure the benefits they are entitled to under the law.