Philadelphia Pension Attorney

No truer example of the old saying “a slap in the face” exists than when an employer promises a specific retirement package to an employee and then reneges on that promise. If you have been counting on your hard-earned pension to replace your income when you retire only to become embroiled in a dispute instead, you need to contact Gross & Kenny, LLP, and speak with our Philadelphia pension attorney immediately. You may need help if your employer:

  • Denies your right to start collecting your pension.
  • Drops you from health benefits coverage.
  • Does not pay you the full amount of pension due to you.
  • Tries to collect on an alleged overpayment of your pension.
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Are You Being Denied Your Pension or Your Health Benefits?

After working 20 or 30 years for your employer, you may be shocked to find out that the employer is denying you the benefits that you have earned. Unfortunately, some unscrupulous employers, insurers, and plan managers pull out all the stops to try to minimize retirement payouts. It is not right, and it certainly is not fair. At Gross & Kenny, LLP, our Pennsylvania pension attorney strives to help clients stand up to uncaring and greedy employers so that they can collect what is due to them.

The Employee Retirement Income Security Act (ERISA)

Protection for individual retirement plan participants is established by law under the Employee Retirement Income Security Act of 1974. Pension plans can be defined contribution plans or defined benefits plans. The former bases benefits on how much the employee contributed to the pension fund and the performance of the investments in the plan’s portfolio. The latter promises the plan participant a specific dollar amount each month, and this amount is typically based on how long the employee worked for the company, the employee’s age, and the employee’s salary.

While defined benefit plans can alter the future rate at which pension benefits may be earned, the benefits you have cannot be reduced. With defined contribution plans, the employer can alter any future contributions or stop contributing to the plan, but any substantial change must be provided to plan participants in writing prior to its effectual date.

Most ERISA claims and pension disputes originate when a plan participant is denied benefits or dropped from coverage. A breach of fiduciary duty is generally the basis for the claim. Claims are often directed at employers, advisors, insurers, pension plan managers, or other individuals who might have been involved in the adverse decision against the plan participant.

The Importance of Working With a Philadelphia Pension Plan Attorney

Cases involving an employer depriving an employee of the benefits or retirement package they have earned can be complex. It’s wise to enlist the help of a Philadelphia pension plan lawyer in these circumstances. A legal expert can assist you in the following key ways:

  • Determining who should be the target of your claim—again, your employer may not technically be the party responsible for creating this unfair situation;
  • Reviewing both the details of your plan and the applicable laws to develop a compelling argument demonstrating you have a legal right to receive certain benefits which you are currently being denied;
  • If necessary, drafting your appeal letter and submitting any documents that support your argument in said letter;

Your attorney will also answer any questions you may have about these matters. Currently, you may not even be certain you have a valid case.

Thus, you have nothing to lose by reviewing it with a lawyer who specializes in these matters. Be aware that the initial consultation with a Philadelphia pension plan attorney is free. By evaluating your case with a professional, you’ll get a better understanding of what your legal options may be in this scenario, without having to spend any money for such insights.

Pension Plans & Death Benefits in Pennsylvania: What You Need to Know

An employee (or former employee) of a company is not the only one who may be denied benefits they were supposed to receive according to the terms of their pension plans. In some instances, the surviving family members of an employee who has passed away may be eligible to receive their pension benefits.

This is not always the case. Whether a deceased employee’s loved ones have a right to their pension benefits depends primarily on the type of pension plan they had.

This highlights another reason to discuss these matters with a Philadelphia pension plan lawyer. Someone with experience handling such cases can review the terms of your loved one’s pension plan and determine if survivor benefits are being unfairly withheld. If so, they’ll fight on your behalf to optimize your chances of receiving the benefits you may be owed.

We’re Ready to Help

Our Pittsburgh pension attorney has a wide breadth of knowledge when it comes to representing clients embattled with employers in pension disputes. We have advocated for the rights of participants in pension plans ranging from private plans that are subject to ERISA to federal pensioners collecting benefits from the U.S. government’s Office of Personnel Management. Our pension dispute team also has experience handling disputes involving local and state government pensions that are governed by the laws of the Commonwealth of Pennsylvania.

In most cases, it is illegal for employers to repudiate or backtrack on benefits earned by loyal employees. If you want to be sure that your employer gets the comeuppance deserved for failing to make good on your promised pension and other benefits, our Philadelphia pension attorney wants to help. Our firm has been focused on protecting the rights of workers for more than 20 years. Reach out to Gross & Kenny, LLP, for a free consultation of your case by calling 215-512-1500.

 

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