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My Retirement Benefits Have Been Denied: What Now?

Retirement benefits provided through your employer provide you with the promise of future freedom while still maintaining financial security. Unfortunately, these benefits are often denied or delayed. At Bartolic Law, our Chicago retirement benefit appeals attorney provides the professional legal representation you need in this situation.  

Have Your Retirement Benefits Been Denied?

The Illinois Code (40 ILCS 5/) provides strict requirements when it comes to pensions and how they are administered. However, many employers no longer provide these types of retirement benefits, instead relying on 401ks, IRAs, and other types of contributory accounts. Regardless of which benefits you receive, you depend on them to provide for yourself and your loved ones in the future. 

Unfortunately, retirement benefits claims are denied or otherwise disputed on a regular basis. Common reasons include the following: 

  • Disputes over eligibility;
  • Disputes over the amount owed;
  • Administrative mistakes in processing claims;
  • Mismanagement or misappropriation of retirement funds. 

Once your retirement benefit claim is filed, the plan generally has 90 days to either approve or deny benefits. If your claim is denied, your employer or plan administrators must outline specific reasons and inform you of your rights in filing an appeal. 

Appealing Denied Retirement Benefit Claims

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that provides strict requirements for administering employer-provided benefits. This includes pensions and other retirement accounts. Under ERISA, your employer is required to provide documents thoroughly detailing the terms of your benefits. These are available free of charge and at your request. 

ERISA also dictates the process for appealing denied claims, including those involving retirement benefits. Generally, the process for filing an appeal includes the following: 

  • Reviewing the reasons for your denied retirement benefit claim;
  • Informing your employer or the plan administrator of your intent to file an appeal;
  • Gathering the additional documents or other evidence needed to support your retirement claim;
  • Appearing at administrative hearings, in which you, your employer, the plan administrator, or others involved will testify as to the facts in the case;
  • If your benefits are not approved on appeal, you have the right under ERISA to file a retirement benefit claim lawsuit through federal court.  

In an ERISA lawsuit, a federal judge will review the evidence in your case. If they rule in your favor, you may be entitled to the full amount of retirement benefits you are owed, along with other compensation. This often includes coverage of all legal fees and court costs, as any other financial costs you may have incurred as a result. 

Get Our Chicago Retirement Benefits Appeals Attorney on Your Side

Dealing with denied retirement benefits in Chicago and filing appeals is a complex process. To get the full amount you are entitled to, get Bartolic Law on your side. Call or contact our office online and request a consultation with our Chicago retirement benefits appeals attorney today.  

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