ABA Family Legal Guide

The Rights of Older Americans

Pensions

Traditional Pension Plans

If I do not agree with the decision on my claim, how do I appeal?

The claim and appeal processes are regulated in Employee Retirement Income Security Act (ERISA). The plan summary must also contain information on the plan's appeal process. All plans must give written notice of the claim decision within ninety days of receipt of the claim. If the plan notifies you within ninety days that it needs an extension, one ninety-day extension is allowed. If you do not receive a written decision by the deadline, consider your claim denied.

If your claim is denied, the decision must give specific reasons for the denial. You then have sixty days to file a written appeal. The plan must make available important documents affecting your appeal, and you must be allowed to submit written support for your claim. The plan then has 120 days to issue a written decision on the appeal.

If you are still dissatisfied after going through this process, you have the right to sue in federal court to recover unfairly denied benefits. However, you may not get the opportunity to present additional evidence in court, so be sure to submit all relevant information and documentation in your appeal to the trustees.