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Advised by US Department of Labor

North Brunswick, NJ |

DOL has advised me to hire an attorney for an employer's and health insurance company's failure and refusal to comply with a QMCSO.
What type of lawyer do I need to hire? Will it be expensive? DOL told me to contact one of Rutgers Legal Clinics (I did not mention expense to the DOL). What legal clinic could help me?

Is there any chance that the employer would be ordered to pay my fees after this?

Attorney Answers 1

Posted

You need to hire a lawyer familiar with ERISA claims. (ERISA is the federal law that governs employee benefits.) Often that will be an employment lawyer but not all employment lawyers understand or practice ERISA claims.

If you call any of the Rutgers clinics and explain the situation they will put you in contact with the appropriate clinic, if there is one that handles those types of claims. The law school clinics are often needs-based so they will only assist you if you are below their income limits. If they cannot assist you then you will need to hire a local employment lawyer to assist you.

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3 comments

Asker

Posted

Is there any chance that the employer would be ordered to pay my fees after this?

Adam Kielich

Adam Kielich

Posted

ERISA litigation often allows the plaintiff to recover attorney fees but that does not guarantee you will recover attorney fees.

Asker

Posted

Just one more question - you've been so helpful! It's my understanding that the employer is responsible to see that the Order is followed by the health insurance company - is that correct? The employer keeps sending ME back to the carrier who claims they don't have to/can't follow it

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