By Evan Lange
Before proceeding, please review the legal disclaimer.
If you’ve spent decades working hard and contributing to a retirement plan, the last thing you expect is trouble accessing the benefits you were promised. Unfortunately, many retirees and employees face just that. Delayed payouts, denied claims, or even missing retirement funds are more common than you might think—and the solution often lies in a powerful federal law called ERISA.
At The Lange Firm, we represent clients across Texas in disputes involving retirement plans governed by ERISA. Our experienced legal team helps individuals recover benefits, challenge denials, and hold plan administrators accountable. Whether you’re near retirement or already facing problems with your pension, understanding your rights under ERISA is critical.
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets standards for most private-sector employee benefit plans, including retirement and pension plans. ERISA doesn’t require employers to offer retirement plans—but if they do, it requires them to manage those plans fairly and transparently.
ERISA applies to:
401(k) plans
Traditional defined benefit pensions
Employee stock ownership plans (ESOPs)
Profit-sharing and cash balance plans
Other employer-sponsored retirement programs
A common question is: Are defined benefit plans governed by ERISA? Yes—defined benefit plans (commonly referred to as traditional pensions that provide a set monthly amount at retirement) are typically governed by ERISA. That means they must follow ERISA’s fiduciary standards, disclosure rules, and claims procedures. If a defined benefit plan denies you what you’ve earned, ERISA provides the legal framework to challenge that decision and seek enforcement.
ERISA offers powerful protections to retirement plan participants. These include:
Plan participants must be informed about:
Plan features and funding
Benefit amounts and accrual
Changes to the plan
Their rights under the plan
This information must be provided through documents such as the Summary Plan Description (SPD) and benefit statements.
ERISA imposes a fiduciary duty on those who manage and control plan assets. Fiduciaries must:
Act solely in the interest of plan participants
Diversify investments
Follow the plan’s terms
Avoid conflicts of interest
When fiduciaries breach these duties, ERISA allows affected participants to pursue legal action.
ERISA requires every retirement plan to offer a clear appeals process. If your benefits are denied, you must be given:
A written explanation of the denial
An opportunity to review relevant documents
A chance to file an appeal
If an appeal is denied, ERISA allows you to sue the plan or its fiduciaries in federal court to recover wrongfully withheld benefits, enforce your rights, or address mismanagement.
Despite ERISA’s protections, problems still arise. Some of the most frequent retirement benefit issues we see include:
Some plan administrators deny retirement claims due to alleged ineligibility, incomplete vesting, or missing records. These denials may be challenged through ERISA appeals and, if necessary, litigation.
Sometimes the benefit calculation is wrong—due to accounting errors, misapplied service credits, or outdated formulas. Defined benefit plan participants often face this issue.
Fiduciaries who mismanage assets or engage in self-dealing can cause serious financial losses to a retirement plan. ERISA empowers participants to sue for fiduciary breach.
Employers may shut down or freeze plans without properly notifying participants. You may have a claim if you were denied the ability to accrue or access benefits.
Even if your benefits are approved, excessive delay in payouts can cause financial hardship. ERISA allows action for unreasonable delays.
You may not need a lawyer for every plan issue—but some cases absolutely demand legal help. You should speak to an ERISA retirement benefits lawyer if:
Your claim has been denied and you don’t know why
Your benefits are less than what you were promised
The plan administrator is unresponsive or uncooperative
You’re overwhelmed by the appeal or documentation process
You suspect fraud or mismanagement
You’re a spouse or beneficiary and unable to access inherited retirement funds
ERISA claims involve strict procedures and deadlines. If you fail to follow them, you could lose your right to recover benefits—even if your claim is otherwise valid. At The Lange Firm, we ensure that your claim is handled the right way from the beginning.
ERISA doesn’t allow you to immediately sue if your benefits are denied. First, you must exhaust administrative remedies by going through the plan’s internal appeals process. Here’s what you can expect:
Initial Claim Submission: You submit a written request for retirement benefits.
Denial Notice: If denied, the plan must explain why in writing, citing specific reasons and plan language.
Appeal Deadline: You typically have 60 days to submit an appeal. This is your one chance to present supporting evidence, so don’t delay.
Final Determination: The plan must make a decision on the appeal—usually within 60 days.
Lawsuit: If your appeal is denied, you may then file a lawsuit in federal court under ERISA §502(a).
The appeal process is critical. Courts often only consider the evidence submitted during the administrative appeal. That’s why having an experienced ERISA lawyer at this stage is vital.
Located in Sugar Land, Texas, The Lange Firm is dedicated to helping individuals navigate the complex world of ERISA retirement claims. We offer:
We analyze your Summary Plan Description (SPD), plan terms, and benefit statements to determine your rights and strategy.
We prepare thorough, evidence-based claims and appeals that comply with ERISA rules and deadlines.
We identify signs of mismanagement or misconduct and build claims for fiduciary breach, when appropriate.
If your claim is unfairly denied, we’ll represent you in federal court to seek the benefits you earned and restore your peace of mind.
We help surviving spouses and designated beneficiaries assert their ERISA rights after a loved one’s death.
We understand how personal retirement benefits are—and how devastating it can be to have them unjustly withheld. Our firm brings skill, empathy, and resolve to every ERISA case we handle.
Yes. Most private employer 401(k) plans are covered by ERISA and must follow its rules on disclosure, management, and claims.
Yes—if your defined benefit pension is denied or mishandled, ERISA lets you file suit after completing the plan’s internal appeals process.
No. ERISA generally does not apply to government or church-sponsored plans, though other laws may still provide protection.
The timeline depends on your plan’s terms and federal court rulings, but acting promptly after an appeal denial is essential.
ERISA was created to safeguard your right to a secure retirement—but plan administrators don’t always play by the rules. When your benefits are denied, delayed, or diminished, you need an advocate who knows the law, understands the process, and is ready to fight for your future.
At The Lange Firm in Sugar Land, Texas, we’re committed to helping employees, retirees, and beneficiaries recover the retirement benefits they’ve earned. Whether you’re just beginning the claim process or you’ve already been denied, we’re here to help you every step of the way.
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Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land, Texas.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome you to submit your claim for review. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.