Law Office of Mark Boykin

Currently, many employers, unions and other entities that are obligated to pay retirement and other benefits to plan participants are aggressively seeking to reduce their costs by curtailing those benefits or making them difficult to collect. The Federal Employment Retirement Income Security Act, commonly referred to as ERISA, guarantees those benefits in most situations and provides remedies, including costs and attorneys fees, for individual beneficiaries who are forced to initiate litigation to recover the monies or services they are entitled to. Mark Boykin has extensive experience in obtaining wrongfully-withheld benefits in these situations at minimal cost to the beneficiary, typically a small advanced retainer.

FREQUENTLY ASKED QUESTIONS

What is ERISA?

ERISA is a comprehensive Federal systems of laws and regulations which insures that promised benefits are provided to employees, union members and others.

Is my employer or union plan covered by ERISA?

Virtually every employer or collectively-bargained plan that provides retirement, health or other benefits to participants is covered, other than those adopted by governmental entities.

How can I obtain information regarding my benefit rights?

Write a letter to your plan administrator. ERISA imposes potentially-severe penalties on plan administrators who do not respond to a written request for information regarding benefits.

If I am improperly denied benefits to which I am entitled, can I sue to recover them?

ERISA provides the beneficiary with the right to sue in Federal or State courts to recover denied or withheld benefits. Federal court is often preferable because of the faster manner in which its calendars are generally managed.

What is the cost of suing to recover my benefits?

The Court can, and usually does, award attorneys fees and cost to a beneficiary who successfully sues to recover benefits. Even an unsuccessful claimant can obtain recovery of his expenses, if the Court determines that to be in the interests of justice.

REMEMBER: YOUR RIGHTS TO VESTED BENEFITS ARE PROTECTED BY FEDERAL LAW