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South Dakota ERISA Lawyers

Frequently Asked Questions

What is ERISA?

ERISA is short for the Employee Retirement Income Security Act. Adopted in 1974, ERISA sets stringent standards for retirement and other employee benefits plans for private industries to ensure that funds placed in these plans will be made available to employees when they retire, or at any other time they are lawfully allowed to receive them.

When can I sue under ERISA?

You have a right to sue and enforce your rights under your ERISA-covered employment plan in the following instances:

  • To recover benefits you justly deserve;
  • To appeal a denied claim for benefits;
  • To stop any breach of fiduciary duty on the part of the employer or insurer;
  • To settle any ambiguity regarding your right to certain benefits; and
  • To challenge any act that is in violation of the plan or ERISA.
Do I need an ERISA attorney?

If you are experiencing issues in relation to an employee benefits claim, it is likely you will need to engage an ERISA attorney to assist you. The ERISA legislation can be difficult to maneuver, so it is highly advisable to hire a legal expert to guide you and apply the legislation to protect your rights and interests.

To get started with finding an ERISA attorney to help you with your case, check the available attorneys in your location by going over this list of ERISA lawyers by state.