ERISA Disputes for Individuals/Employees

When employees seek the counsel of Pridgen Law for an ERISA matter, it is most commonly over the denial of a pension/401(k), severance, or health benefit, or an alleged breach of fiduciary duty. It may seem intimidating for an individual to challenge the decision of a corporate plan administrator or his or her employer. You may also be unsure whether you have a strong claim. Despite your uncertainties, we recommend scheduling a free initial consultation with us for several reasons.

Practical Legal Advice

We have built a trusted reputation in Atlanta for giving our clients the bottom line. If the litigation hazards or applicable law outweigh a lawsuit, we will tell you. On the other hand, there may be nuances as to whether you may be entitled to a benefit, even if you aren't sure you qualify under the strict letter of the plan. More importantly, if you prevail on your claim in federal court, ERISA provides that you may be able to recover not only the withheld benefit, but also interest that may have accrued in the interim, as well as your attorney's fees.

Investigating Unlawful Practices

An initial consultation sometimes uncovers a plan administrator's unlawful practices. If those ERISA violations have impacted other employees, a class action lawsuit may be available. Notably, our founding attorney has litigated class action lawsuits that began in this manner, where only one beneficiary initially came forward.

Analyzing Specific Plan Benefits

When an employee first contacts us, our starting point is the plan documentation, which should specify the time limit and other procedures for filing a claim, in addition to a description of the plan's benefits. Depending on the nature of the disputed benefit, we may gather extrinsic evidence. For example, medical records and expert testimony may be required to substantiate a claimant's medical condition.

Comprehensive ERISA Litigation

We have many years of ERISA litigation experience covering diverse claims, including:

  • Health benefit claims
  • Severance claims
  • Pensions claims (defined contribution (401(k)/ESOP) or defined benefit (traditional retirement) plans)
  • Life Insurance/AD&D claims
  • Other complex ERISA litigation (including class actions)

Protecting Government Employees

We are also able to represent employees with benefit disputes who are not covered by ERISA, such as government or church employees. Each has its own procedural requirements. In many cases, in order to appeal a benefit denied by a government entity in Georgia, for example, you must appeal by way of a writ of certiorari to the county superior court. Failing to comply with this procedure could leave you without a remedy.

Learn More About Your ERISA Rights

To better understand your rights under ERISA, schedule a free consultation. You may call us at 404-465-2730. You may also complete our online contact form.