MICHAEL E. QUIAT, ESQ.

Uscher, Quiat, Uscher & Russo, PC
433 Hackensack Avenue
Hackensack, NJ 07601
Contact: Michael E. Quiat or Joel Zelkowitz
(201) 342-7100
Fax: (201) 342-1810
E-mail:mquiat@uqur.com or jzelkowitz@uqur.com
Website: http://www.uqur.com

Profile:

ERISA is a federal statute which controls the administration and enforcement of virtually all Employer sponsored benefit plans such as group life insurance, group health insurance and group LTD insurance. ERISA litigation over employee welfare benefit claims can be complicated and highly technical. It is one of those areas in the law where what you do not know can really prejudice you and your client’s position, often times irreparably. Although insurers are considered fiduciaries under ERISA, and are given tremendous deference by the courts, this is at heart a truly adversarial system, where insurers are usually acting under a clear conflict of interest. ERISA preempts all state law remedies, and litigation can only be commenced after exhaustion of administrative remedies. Even then, the outcome is determined in most cases based on what is already in the administrative record, as the ability to supplement the record with new evidence is severely limited. Because the stakes are frequently quite high, mistakes can be costly. Feel free to contact me or my associate, Joel Zelkowitz, to discuss any claims, questions or concerns you may have in this area.