ERISA Litigation

ERISA is the Employee Retirement Income Security Act and is codified in 29 U.S.C. § 1001 et seq. It is legislation enacted to protect and make sure that if an Employee is promised a benefit, that the employee receives that benefit. All actions involving ERISA for collection of a participant’s benefits are brought in Federal Court. In a collection of a pension benefits case the law is in favor of the pensioner. In the collection of a medical benefits case the law is in favor of the plan administrator.

Mr. Hill has represented plaintiffs before twenty different federal judges over the past thirty years. Currently he has one case on appeal to the 9th Circuit in an ERISA Top Hat Plan situation. Mr. Hill has never failed to obtain a judgment in an ERISA pension collection case. He has been able to obtain relief even through the fiduciary filed for bankruptcy in many ERISA matters.

Mr. Hill has represented many plaintiffs in collection of medical benefits cases. The results have been mixed with generally the Plan Administrator, as fiduciary, decisions being upheld. The success rate on those cases is 25%.