FAQ – What is ERISA? | Sarasota Long Term Disability Lawyer

Do you remember Jimmy Hoffa? Jimmy Hoffa stole money from the Teamsters so Congress decided to enact federal legislation to protect pension funds. This legislation also regulated other employee benefits such as group health, group life, pension and disability policies. This law is called the Employee Retirement Income Security Act of 1974 or ERISA.

It’s complicated, complex, and always changing. Most lawyers don’t like this kind of law and its been nicknamed “Everything Ridiculous Invented Since Adam.”

The purpose of ERISA is to “protect… the interests of participants in employee benefit plans… by establishing standards of conduct, responsibility, and obligation for fiduciaries of employee benefit plans, and by providing for appropriate remedies… ready access to federal courts.” ERISA Section 2 (b). This federal statute preempts or chromes state law for the most part.

The reality is, of course, completely different. The Department of Labor rarely enforces the applicable regulations and disability carrier’s wrongfully deny claims. People, such as yourself are forced to file federal lawsuits to get their benefits.

If you have any questions, please give us a call at 727.894.3188 or contact us online by clicking here.

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