Question: What qualifies as an ERISA claim in Georgia?
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Free Consultation ERISA is the federal statute that governs private employers’ employee benefit plans, including your 401(k), ESOP, retirement, health insurance, disability, life insurance, severance, and other benefits. ERISA claims generally come in two types: a claim for benefits, or a breach of fiduciary duty claim.
- A claim for benefits generally arises when the plan that is supposed to provide you with certain benefits (like your health insurance, or your pension plan, for instance) denies your claim or miscalculates your benefits. This is the most prevalent type of ERISA claim.
- Breach of fiduciary duty claims are slightly more complicated, and generally involve wrongdoing on the part of the fiduciaries responsible for administering the benefit plan.
It is important for your ERISA litigation attorney to be experienced in both kinds of cases so that they can handle your claim appropriately.