Don’t Give Up – Fight For Your Full Retirement Benefits

If you work for a private sector employer and have a retirement pension plan, your rights to those benefits are governed by the federal Employee Retirement Income Security Act, or “ERISA.”

ERISA requires pension plans to provide participants with important plan information including features and funding; sets minimum standards for participation, vesting, benefit accrual and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; and gives participants the right to sue for benefits and breaches of fiduciary duty.

It is very important that you obtain legal advice and counsel promptly if you think your pension benefits are not being calculated correctly or if you have been denied benefits. Further, you must comply with the internal claims process for challenging any miscalculation or denial of your plan benefits. There are strict time periods for doing so.

Recently, Lebau & Neuworth attorneys assisted a nurse at Johns Hopkins University (JHU) Hospital who had worked for there for 38 years and before that worked for more than two years at Baltimore City Hospital, which JHU acquired decades ago. When she retired, JHU credited her with only 38 years of service. She filed an internal claim for benefits, seeking a full 40-year retirement benefit, claiming that JHU had assumed, in writing, the obligations under the Baltimore City Hospital retirement plan.

The initial claim was denied, but Lebau & Neuworth filed an internal appeal for our client and won and she was awarded full retirement benefits. She would have received about $500 less a month if she were only credited with 38 years of service.

We prevailed on the appeal by obtaining the Baltimore City Hospital plan documents and all the JHU plan benefits. We were able to find the language showing that JHU had assumed pension obligations of the City Hospital Plan. We also had to obtain documents proving  that our client had worked for City Hospital for more than two years.

Our client is glad she did not give up. She fought for what was owed to her.

If you or someone you know is being denied employee benefits, please do not hesitate to call Lebau & Neuworth at 1.888.456.2529 or email us at lebauneuworth.com/contact-us.