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LawyerLand › Legal Glossary

ERISA Benefit Claim Denial (Disability, Health and Pension Plans)

The federal rules for appealing, and then suing over, a denied claim under an employer-sponsored disability, health, life or retirement plan.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of law firms for this.

What it means

Most benefit plans that private employers provide, including long-term disability insurance, group health and life insurance, and pensions and 401(k) plans, are governed by the Employee Retirement Income Security Act. ERISA requires every such plan to have a claims procedure. A denial must be in writing and must give the specific reasons, refer to the plan terms it relies on, and describe what additional information would help. The claimant is entitled to a full and fair review of the denial on appeal, including access to the documents relevant to the claim. Plans run by government employers and most church plans are outside ERISA, and are governed by state law instead.

The internal appeal is the stage that usually decides the case. A claimant who later sues to recover benefits must ordinarily exhaust the plan's appeal first, and the court is then often limited to the record that was before the plan when it decided. Evidence that was not submitted in the appeal, such as a treating doctor's detailed opinion, functional testing or vocational evidence, may never be considered. The court reviews the denial anew unless the plan gives the decision-maker discretion. If it does, the court asks only whether the decision was an abuse of that discretion (Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989)), and a conflict of interest, as when the same insurer both decides and pays claims, is one factor in that review (Metropolitan Life Insurance Co. v. Glenn, 554 U.S. 105 (2008)).

ERISA largely displaces state law. State-law claims such as an insurer's bad faith in handling a plan claim are generally preempted (Pilot Life Insurance Co. v. Dedeaux, 481 U.S. 41 (1987)), so the remedy is usually the benefits due under the plan, with attorney's fees available at the court's discretion to a claimant who achieves some degree of success on the merits (Hardt v. Reliance Standard Life Insurance Co., 560 U.S. 242 (2010)).

Where this comes from

The Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461. The claims-procedure requirement is 29 U.S.C. § 1133, with the Department of Labor's claims regulation at 29 C.F.R. § 2560.503-1; the suit to recover benefits is § 1132(a)(1)(B), attorney's fees § 1132(g)(1), preemption § 1144(a), and the exclusion of governmental and church plans § 1003(b). The standard of review is from Firestone, 489 U.S. 101, and Glenn, 554 U.S. 105.

When people hire a lawyer for this

Ask for a lawyer before you file the internal appeal, not after it is denied, because the appeal is usually the last chance to put evidence into the record a court will see. Request a complete copy of the claim file and the plan documents in writing, and read the denial letter for the appeal deadline, which the plan sets under the federal regulation. Many ERISA disability lawyers work on a contingency basis, because fees can be awarded against the plan.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find a lawyer for this in your state

Choose your state to see ERISA law firms in the city where we list the most; your city may be under “other cities”, A to Z.

  • Alabama (Birmingham)
    +1 other city
    • Montgomery
  • Alaska (Anchorage)
  • Arizona (Chandler)
    +6 other cities
    • Gilbert
    • Glendale
    • Mesa
    • Phoenix
    • Scottsdale
    • Tucson
  • Arkansas (Little Rock)
  • California (Anaheim)
    +21 other cities
    • Bakersfield
    • Chula Vista
    • Fontana
    • Fremont
    • Irvine
    • Long Beach
    • Los Angeles
    • Oxnard
    • Riverside
    • San Bernardino
    • San Diego
    • Santa Ana
    • and 9 more with fewer listed firms
  • Colorado (Aurora)
    +2 other cities
    • Colorado Springs
    • Denver
  • Connecticut (Bridgeport)
  • Florida (Hialeah)
    +5 other cities
    • Jacksonville
    • Miami
    • Orlando
    • St Petersburg
    • Tampa
  • Georgia (Atlanta)
  • Illinois (Chicago)
  • Indiana (Fort Wayne)
    +1 other city
    • Indianapolis
  • Iowa (Des Moines)
  • Kansas (Wichita)
  • Kentucky (Lexington)
    +1 other city
    • Louisville
  • Louisiana (Baton Rouge)
    +2 other cities
    • New Orleans
    • Shreveport
  • Maine (Portland)
  • Maryland (Baltimore)
  • Massachusetts (Boston)
  • Michigan (Detroit)
  • Minnesota (Minneapolis)
    +1 other city
    • Saint Paul
  • Mississippi (Jackson)
  • Missouri (Kansas City)
    +1 other city
    • St. Louis
  • Montana (Billings)
  • New Jersey (Jersey City)
    +1 other city
    • Newark
  • New York (Buffalo)
    +3 other cities
    • New York City
    • Rochester
    • Yonkers
  • North Carolina (Charlotte)
  • Ohio (Cincinnati)
    +3 other cities
    • Cleveland
    • Columbus
    • Toledo
  • Oklahoma (Oklahoma City)
    +1 other city
    • Tulsa
  • Oregon (Portland)
  • Pennsylvania (Philadelphia)
    +1 other city
    • Pittsburgh
  • Rhode Island (Providence)
  • Tennessee (Memphis)
    +1 other city
    • Nashville
  • Texas (Arlington)
    +12 other cities
    • Austin
    • Corpus Christi
    • Dallas
    • El Paso
    • Fort Worth
    • Garland
    • Houston
    • Irving
    • Laredo
    • Lubbock
    • Plano
    • San Antonio
  • Utah (Salt Lake City)
  • Virginia (Chesapeake)
    +3 other cities
    • Norfolk
    • Richmond
    • Virginia Beach
  • Washington (Seattle)
    +1 other city
    • Tacoma
  • West Virginia (Charleston)
  • Wisconsin (Madison)
    +1 other city
    • Milwaukee

Related terms

Other entries in the same area of law, each written from the same primary sources.

  • At-Will Employment and Wrongful TerminationThe default rule that an employer may end employment for any reason or none, and the exceptions that make some firings unlawful.
  • FELA Railroad Worker Injury ClaimThe federal law that lets an injured railroad employee sue the railroad for negligence instead of receiving workers' compensation.
  • FMLA Leave (Family and Medical Leave Act)A federal right to unpaid, job-protected leave for a serious health condition, a new child, or a family member's serious illness, with health coverage kept in place.
  • Overtime and Minimum Wage (FLSA)The federal floor for pay: a minimum hourly wage, and time and a half for hours over forty in a workweek, unless the job is exempt.
  • Sexual Harassment at WorkUnwelcome sexual conduct at work that is a condition of the job or creates a hostile environment, a form of sex discrimination under Title VII.
  • Unemployment Benefits (Unemployment Insurance)State-run insurance that pays part of a worker's lost wages after a job ends through no fault of their own, decided by a state agency with a right to a hearing.
  • Whistleblower Claims and Qui Tam (False Claims Act)Laws that protect, and in some cases reward, people who report fraud against the government or other violations, including private qui tam suits under the False Claims Act.

« All glossary terms

Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.
If you cannot afford a lawyer, civil legal aid programs provide free help with many of these problems: civil legal aid programs by state.
Related free reference tools: statute of limitations for a personal-injury claim, by state, quoted from each state's official text - part of LawyerLand's legal reference tools.
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