ERISA / Employment Benefits

Disability and Employee Benefits Litigation

Representing Individuals and Classes of Employees

The ERISA Practice Group of Mansfield, Tanick & Cohen is an experienced group of professionals who practice in all areas of claims covered by ERISA insurance. We have developed a practice that encompasses all stages of ERISA administrative benefits claims, appeals, and ERISA benefits litigation:

• We have successfully represented individual ERISA disability, health, and pension benefits claims
• We have also succeeded in ERISA class action litigation for fiduciary breach, and termination and modification of welfare plan cases.

Contact Mansfield, Tanick & Cohen today for a free consultation about your denied claim or other legal issue. We represent employees, retired individuals and other claimants in the Twin Cities, across Minnesota, and nationwide.

ERISA -- What Is It?

ERISA stands for Employee Retirement Income Security Act of 1974. ERISA is a federal statute that governs your rights to certain benefits sponsored by your employer, such as disability, pension, health, life and severance benefits. This act was enacted to protect individual's rights to receive benefits. We can ensure that you are not denied your right to receive benefits.

Our practice handles both pension claims and welfare benefit claims, including short-term and long-term disability, severance, and health claims. We believe that we offer the best legal ERISA insurance advice to our clients in a complicated area of law. Trust Mansfield, Tanick & Cohen to give you an honest and clear understanding of what your ERISA claim may require.

SERVICES OFFERED: Our group of experienced professionals can assist you from the benefit application stage through appeals of denied claims and litigation, if necessary.

MAKING THE RECORD: Successful litigation of ERISA welfare and pension benefits claims depends almost entirely on the claim and appeal process. Did you know that in most instances evidence may not be introduced during a trial that was not produced during the ERISA administrative process (claim and appeal process), and that the court gives substantial weight to the ERISA administrative decision? Therefore, the ERISA insurance administrative process is critical to your initial claim and subsequent maintaining of benefits, as well as any appeal. We strongly recommend seeking the advice of an ERISA attorney at the earliest stage, even before an initial claim is filed. A thorough and complete claim provides a solid record, which is critical to a successful outcome of your claim.

ADVICE: Our attorneys also work with and advise clients who have issues with regard to non-qualified plans, stock options, and other executive compensation programs. Our attorneys have years of experience advising CEOs and other high-level executives with employment contract negotiations. We have expertise in crafting all forms of executive compensation for both employers and employees. We also have expertise in advising employers and employees in severance negotiations, including the impact that termination of employment has on various types of deferred compensation such as stock options. Finally, we have experience in looking at employee benefits concerns that affect large groups of employees and may lead to class action litigation.

Mansfield Tanick & Cohen attorneys have handled a diverse array of cases involving 401(k) plans, simple IRAs, SERPs, 510 Claims, disability benefits, and union trust funds, among others. The following are several examples:

• In 2006, Charles A. Horowitz brought a claim under ERISA in federal district court for a Twin Cities business executive whose Supplemental Executive Retirement Plan ("SERP") was under-funded by his former employer as part of a change in control. The Firm successfully obtained over $100,000 in benefits and attorney's fees in the litigation.
• In 2006 and 2007, Andrew T. Jackola represent a defendant contractor in federal court action wherein the plaintiff union trust funds have asserted claims under ERISA for additional contributions to various union welfare and benefit plans. The matter is pending.
• On November 14, 2006, Andrew T. Jackola obtained a victory at trial in United States District Court on a claim brought by a former employee under Section 510 of ERISA for retaliation after she was fired for complaining about the company's failure to make contributions to an SIMPLE IRA Plan.
• Denise Y. Tataryn, with the help of J.B. Roth, recently obtained a victory at the 8th Circuit. The case was a claim for benefits under a 401(k) plan that involved competing interests on a change of beneficiary form. Ms. Tataryn set a new precedent on the issue of whether deference is given to a plan administrator in an interpleader action. 8th Circuit found that deference should have been given to the plan administrator’s “initial determination” here, which was in favor of our client, but then interpleaded the action after the parties filed appeal arguments.
• Denise Y. Tataryn, with the assistance of J.B. Roth and Charles A. Horowitz, obtained a Minnesota Supreme Court victory. Ms. Tataryn prevailed before the Minnesota Supreme Court on a PERA (Public Employee Retirement Association) disability claim for a former Ramsey County deputy sheriff. The key issue was whether the officer’s disability, which stemmed from workplace harassment, constitutes a compensable injury in the line of duty, which PERA must relate to hazardous duties, not day-to-day work. The Supreme Court ruled in favor of our client, which constitutes an important precedent for expanding disability claims for law enforcement personnel.

We handle all ERISA disability insurance, pension benefits, and welfare benefits claims. Contact Mansfield, Tanick & Cohen today to arrange a free initial consultation with our knowledgeable and proven lawyers.