New York City Pension and ERISA Attorneys
If you live or work in the New York City area and have a problem obtaining your pension, the ERISA attorneys at Cary Kane are here to help. The Employee Retirement Income Security Act guarantees that employees get the pension benefits they are supposed to receive. Call us at (212) 868-6300 today if you believe that you are not getting the pension benefit you are entitled to receive.
Applying for a Pension Benefit
Get a copy of the pension plan’s Summary Plan Description. This must be provided to you free of charge and it explains how pension benefits are calculated and how to apply for a pension. If you want help applying for a pension benefit we can assist you in filling out forms and gathering the paperwork needed to qualify for a pension. For many plans, applying for a pension is straightforward, but in some instances, either because of your employment history or because you have already been told that you will qualify for less than you think you should receive, having an attorney help you apply for a pension may be desirable. Under the law the pension plan has 90 days to process your application. If for some reason more time is needed the plan can let you know that it needs an additional 90 days to process your application. If you do not hear from the pension plan within 90 days, you can legally assume that your pension application has been denied.
Appealing a Pension Denial
If you don’t hear something from the pension plan in 90 days, or you receive a letter denying a pension or awarded less of a pension than you think you are entitled to receive, you must file a written appeal with the pension plan if you wish to protect your rights. Under the law you have 60 days to file a written appeal. You should talk to an attorney as soon as you can to get help with your appeal. The attorney will assist you in drafting your appeal letter and possibly identify documents you need for the appeal. The attorney may also request documents from the pension plan that they are legally required to provide to you.
Appealing a Pension Denial
ERISA gives employees denied a benefit the right to sue the pension plan in federal court. While the law provides for 180 days to file the action, court decisions give pension plans the right to specify a shorter time limit for filing the appeal in court. After receiving a denial of your appeal, you should immediately talk to an attorney about the matter. If you wait too long you can lose your right to go to court.
Under ERISA, the court can order a pension plan to pay you the proper pension amount and your attorneys’ fees. If we think that your claim has sufficient merit we may be willing to take your case on contingency, which means that we get paid only if you win.
Contact a Pension and ERISA Lawyer
Cary Kane was recognized in 2012 by Lawyer Monthly magazine as the “ERISA Law Firm of the Year.” Call us at (212) 868-6300 if you need help getting your pension.
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