New Jersey ERISA Attorney — Fighting for Your Employee Benefits

When an insurance company or employer denies your benefits, the law that governs your fight is most likely ERISA — the Employee Retirement Income Security Act. ERISA is one of the most complex areas of federal law, and navigating it without experienced legal counsel can cost you your claim permanently. At The López Firm, we are a New Jersey ERISA law firm built around one mission: making sure employees get the benefits they earned.

What Is ERISA?

ERISA is a federal law enacted in 1974 that sets the standards for most private employer-sponsored benefit plans. If your employer provides any of the following, ERISA almost certainly governs your rights:

Long-term disability insurance. Short-term disability insurance. Health and medical benefits. Pension and retirement plans. Severance plans. Life insurance and other welfare benefits.

ERISA creates a framework of rights for plan participants — including the right to receive plan information, the right to appeal a denied claim, and the right to sue in federal court if your appeal is unsuccessful. But ERISA also creates traps for employees who don't know the rules. Deadlines are strict. The administrative record is fixed. And once you miss a step, you may lose your rights entirely.

Why ERISA Cases Require a Specialist

ERISA litigation is fundamentally different from most other areas of law. Unlike a typical lawsuit, an ERISA case in federal court is usually decided entirely on the administrative record — the documents and evidence submitted during the internal appeal process. This means that by the time your case reaches a judge, it may be too late to add new medical records, new opinions, or new arguments.

This is why the appeal stage is the most important stage of your case. An experienced ERISA lawyer in New Jersey knows how to build the administrative record the right way from the start — so that if litigation becomes necessary, you have the strongest possible foundation.

At The López Firm, attorney Omar A. López handles every phase of the ERISA process: reviewing your plan documents, preparing and filing your administrative appeal, and litigating in federal court when insurers and plan administrators refuse to do the right thing.

ERISA Practice Areas at The López Firm

Long-Term Disability Claims If your long-term disability benefits have been denied or terminated, ERISA governs your rights and your deadlines. We represent employees at every stage — from the initial denial through federal court litigation.

Short-Term Disability Claims Short-term disability denials are governed by the same ERISA framework and carry the same strict appeal deadlines. Don't wait to get legal advice after a short-term disability denial.

Pension Disputes ERISA covers most private sector pension and retirement plans. If your pension benefits have been denied, miscalculated, or improperly reduced, The López Firm can help.

Health Benefits Claims Employer-sponsored health plans are governed by ERISA. If your medical claim has been denied, you have appeal rights under federal law and, in some circumstances, the right to sue.

ERISA Severance Plans If your employer offers severance through a formal plan rather than a one-off agreement, ERISA applies. We represent employees who have been denied severance benefits or whose severance rights have been violated.

ERISA Retaliation ERISA prohibits employers from retaliating against employees for filing a benefits claim or exercising their rights under a plan. If you were fired or disciplined after asserting your ERISA rights, you may have a retaliation claim.

FREQUENTLY ASKED QUESTIONS ABOUT ERISA

  • ERISA (the Employee Retirement Income Security Act) is a federal law that governs most employer-sponsored benefit plans, including long-term disability insurance, short-term disability insurance, health benefits, pension plans, and severance plans. If your employer offers any of these benefits, ERISA almost certainly controls your rights — and your ability to appeal a denied claim. Because ERISA has strict deadlines and complex procedural rules, having an experienced ERISA attorney in New Jersey on your side from the beginning is critical.

  • Many employee rights cases involve both. ERISA governs your benefits — disability, pension, health, and severance — while employment law covers issues like wrongful termination, discrimination, and harassment. At The López Firm, we handle both, which means we can look at your full situation and identify every legal avenue available to you.

  • ERISA deadlines are strict and unforgiving. Most employer benefit plans require you to file an internal appeal within 60 to 180 days of a denial. If you miss that window, you may permanently lose your right to pursue the claim in court. If you've received a denial letter, contact an ERISA attorney in New Jersey immediately.

  • You can reach us anytime via our contact page or email. We aim to respond quickly—usually within one business day.