Washington D.C. Benefits Law Blog

Workers within the federal and public service sectors in Washington D.C. focus their careers on community-oriented goals. As a reward for serving social needs like teaching, you earn extensive benefits that include retirement savings, health insurance and disability insurance. You work hard with the expectation of falling back on these generous programs in your time of need, and a benefits denial hits especially hard when you have given years of service to an organization. You might need outside legal advice to get clear information about the appeals process that would not be forthcoming from your employer.

Your financial security during a medical crisis or retirement depends on getting fair consideration from your benefits administrator. The terms that govern your plan benefits will vary depending on whether you work in a public or private setting. An attorney knowledgeable about benefits programs could review your situation and provide insights about your rights to coverage and compensation.

While public sector employees in Washington, D.C. may have some degree of security when it comes to pensions, this isn't always true for private sector workers. This is why the Employee Retirement Income Security Act (ERISA) was passed in the early 1970s. Initially, the purpose of ERISA was to protect pensions for private sector employees in the United States. Today, the act has been expanded to cover many other types of employee benefits, including long-term care, various medical insurance plans, and dental, prescription, and vision plans.

ERISA protection applies to all types of employees, from individuals working for large private corporations and non-profits to people performing paid duties at small businesses and two-person set-ups. Even though this act provides comprehensive safeguards, there are still times when ERISA benefits claims appeals may need to be filed. Also, if benefits aren't provided by a private employer in a timely manner, an appeal must be filed within a specific period of time to make an attempt to receive those distributions.

Employees in Washington, D.C., may be interested in the outcome of an ongoing case in which a group of ERISA plan participants are pursuing claims for a breach of fiduciary duty. The Court of Appeals for the Ninth Circuit upheld a ruling that the participants were not required to go to arbitration despite the existence of employment agreements requiring arbitration of disputes. The court said that the claimants were not representing their own interests but those of the ERISA plan itself.

Nine current and former employees of the University of Southern California are pursuing a claim against the university, its retirement plan and one fellow member of the Retirement Plan Oversight Committee. They accuse them of failing to live up to their responsibilities to reduce the fees and expense of the plan; they also accuse those parties of failing to use good judgment in selecting investments for the plan. In their lawsuit, the claimants are seeking both monetary compensation and equitable actions that can benefit the plan as a whole.

It can be particularly important for public and federal sector workers in the District of Columbia to understand the protections and rights attached to employee benefits. Since benefits packages for public employees can often be quite valuable, they are a major incentive convincing people to prefer a government job to a corporate alternative. The dedication to community -- and, at times, lower salaries -- of government workers are rewarded with secure, generous benefits that include health insurance, disability protection and extensive retirement plans.

Because these benefits programs can be significantly different than those in the private sector, you may need to know more about government programs to successfully appeal a denied benefits claim. When you're struggling to pay medical bills, being denied treatment can be a serious blow. However, it is possible to successfully appeal benefits denials and receive the compensation or coverage that is rightfully yours.