General Practitioners / Personal Injury Attorneys / Workers’ Compensation Counsel / Employment Discrimination Specialists:
Why Should You Refer to Us?
You are often the first legal professional a client contacts when facing illness, injury, or termination of employment. When that client has problems involving disability benefits; health benefits; continuing life benefits; or pension claims — we can help. We understand ERISA.
We will take responsibility for the matter when it is in the client’s best interest to engage this firm. We will handle the client with care. We will respect the relationship you have already forged with the client.
When Should You Refer to Us?
Contact us when:
- A dispute “relates” in any way to an employee benefit plan. New York State Conference of BCBS Plans v. Traveler’s Ins. Co., 514 U.S. 645 (1995)(ERISA broadly preempts state law claims when the dispute has some relationship to a benefit plan).
- The personal injury client receives a letter terminating or denying disability benefits and is advised of the right to appeal that determination. Chorosevic v. MetLife Choices, 600 F.3d 934 (8h Cir. 2010)(ERISA mandates exhaustion of the administrative appeals process set out in a plan).
- The client is being terminated because of the inability to work due to a disability and the employer offers up a severance agreement with a broad release of all claims. Leavitt v. Northwestern Bell Tel Co.,921 F.2d 160 (8th Cir. 1990)(a general severance with release of employment claims can release disability benefit claims as well).
- The worker's compensation client is being offered a full, final, and complete settlement and the client has a retirement benefit with the employer. Alessi v. Raybestos-Manhattan, Inc., 451 U.S. 504 (1981)(if the pension plan so specifies, an employer that settles a WC claim with an employee may recoup the settlement value from the employee when he or she later tries to draw retirement benefits).