jfreeborn
Jan 30 2010, 09:23 PM
I recently submitted a claim for benefits on behalf of my claim. The claim is for waiving the Plan's recoupment efforts. The Plan assets are held in trust by Bank. Legal counsel for Bank wants me to direct all communication to him, and when I submitted a claim to waive recoupment, the Plan Administrator did not respond. The Bank's lawyer responded, referencing my claim as a letter, and didn't address its points at all. What should I do...write to Plan requesting decision from them? The Plan Doc and SPD specifically state there is a benefits committee that responds to disputes and claims.
vebaguru
Feb 1 2010, 03:53 PM
Your next step is obvious: have your attorney write the plan's committee a letter (with a copy to the Bank's lawyers) stating your intention to seek penalties under ERISA for their failure to comply with ERISA and with the terms of the plan's document.