How do ERISA attorneys get paid?

Erisa who is

The Law Offices of Marder, Bernard & Associates was founded on the principle that every claimant has the right to be represented by an attorney at every stage of his or her claim. The phrase “You have the right to an attorney” has important meaning for Social Security Disability claimants who face lengthy and demanding processes to obtain their benefits. The right you have to be heard by the Social Security Administration is the same right we have been advocating for since we opened the doors of our first office in South Florida in 1990.

We have been pioneers in the field of Social Security Disability entitlement. We make great efforts to stay ahead of the changes in Social Security Disability Law and procedure; utilizing the most advanced practices and technologies to ensure a smooth transition to the new electronic Social Security Disability system. We encourage you to visit our Articles section to learn more and get up-to-date information on this and other topics.

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The key to determining whether a benefit plan is subject to ERISA is whether there is at least one (1) eligible employee or individual participating in the plan. On the other hand, governmental plans, plans of religious organizations, plans to comply with state compensation, unemployment or disability laws, and plans that offer excessive benefits (“top hat plans”) are generally excluded from the application of ERISA.

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In essence, ERISA establishes minimum standards to ensure that employee benefit plans in the private sector are established and maintained in a fair and fiscally sound manner. Among other things, ERISA requires disclosure and reporting to participants, their beneficiaries, and certain government agencies regarding financial information and plan administration; establishes standards of conduct and the responsibility and liability of those persons who administer the plan (the “fiduciaries”); provides for rules in the event of future reductions in employee benefits, requirements for plan funding; establishes prohibited transactions; provides for claims procedures; and provides for sanctions and ready access to federal courts in the event of failure to comply with the provisions of the Act or its applicable regulations.

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The Puerto Rico office was originally opened in 1995 and, since then, has grown steadily, with an ever-expanding corporate client base. We offer and emphasize the importance of preventive consulting and training, which is why we maintain fluid communication with clients to answer queries and provide advice before a matter reaches litigation in order to minimize costs. We represent clients in all areas of labor and employment, employee benefits, and general business and commercial litigation before all administrative and judicial forums in Puerto Rico, offer seminars and training sessions to clients and business community groups, and also practice in all areas of traditional labor law. While our attorneys have had great success with motions to dismiss and summary judgments, we also routinely pursue the conclusion of cases at the trial and appellate levels in administrative agencies and federal and Puerto Rico courts.

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Commission Wage Federal Labor Law

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that establishes the minimum standard for pension plans in the private sector and provides extensive rules regarding the federal tax effects on transactions associated with employee benefit plans. ERISA was enacted to protect the interests of participants and their beneficiaries in employee benefit plans.

The duty to interpret and enforce ERISA is divided among the Department of Labor, the Department of the Treasury (in particular the Internal Revenue Service) and the Employee Retirement Benefit Guaranty Corporation.

How do ERISA attorneys get paid?
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