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ERISA and Employee Benefits Overview

ERISA Attorney in Seattle, Washington

ERISA and Employee Benefits

If you have filed a claim for retirement, disability, life insurance or health insurance benefits under an employer-sponsored benefits plan and have been denied benefits, you need to contact a lawyer immediately. You have the right to appeal, but you will likely find the process confusing and intimidating if you try to appeal by yourself. I will help you understand your rights, options and chances for recovering benefits.

At the Law Office of James D. Oswald, I represent individuals across the state of Washington who have been denied benefits under an employer-sponsored plan, including retirement, health and life insurance claims. I have a thorough understanding of ERISA (the Employee Retirement Income Security Act of 1974), the federal law governing most employee benefits for non-governmental employees. Contact my offices for a free, one-hour initial consultation.

If you believe you have a claim under ERISA, there are some important things you need to know:

  • Your right to any benefits is governed by the terms of your written plan. The administrator of your plan must provide you with a copy if you make a written request. Failure to do so may result in fines.
  • You cannot take an ERISA claim to court without first completing the internal review / appeal process provided by your plan. If you do file suit after an unfavorable review by your plan, the court will generally only consider issues and evidence presented during the internal review process.
  • The only damages available in ERISA claims are for actual payments denied, attorneys' fees and costs, and interest for delayed payments. 

If your claim has been wrongfully denied, I will start by carefully reviewing all the circumstances of your case and the details of your plan. If appropriate, I will draft a persuasive appeal letter, citing relevant legal rulings that interpret the standards by which your claim should be evaluated. I will ensure that any internal appeal you file contains all the necessary information for a potential court proceeding. Furthermore, I will put your insurer on notice that, if your appeal is denied, you will likely file suit in federal court.

For information about specific types of claims, click on these links:

Disability Insurance Claims

Pension and Retirement Claims

Life and Medical Insurance Claims

Because I am a sole practitioner, you can be confident that you will receive personal attention, and the benefit of my experience and knowledge. Contact me for a free, one-hour consultation. My offices are open from 9 am until 5 pm, Monday through Friday. If you are unable to travel to my offices, I can arrange to visit you at a location of your convenience.

Law Office of James D. Oswald
100 S. King Street, Suite 560
Seattle, WA 98104-2847
Toll Free: 877-814-0216
Phone: 206-812-8546
Fax: 206-629-7657

At the Law Office of James D. Oswald, I represent individuals across the state of Washington, from Seattle to Spokane; including Bellevue, Tacoma, Everett, Yakima, Vancouver and Richland; and throughout King County, Snohomish County, Pierce County, Spokane County, Yakima County and Clark County.


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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