YOUR RIGHT TO REQUEST RELEVANT ERISA DOCUMENTS

ERISA § 104(b)(4), 29 U.S.C. § 1024(b)(4) states, “The administrator shall, upon written request of any participant or beneficiary, furnish a copy of the latest updated summary, plan description, and the latest annual report, any terminal report, the bargaining agreement, trust agreement, contract, or other instruments under which the plan is established or operated.”

In addition to the specific documents described in the ERISA statute itself, at ERISA § 104(b)(4), 29 U.S.C. § 1024(b)(4), such as the summary plan descriptions and other documents under which the plan is operated, the ERISA statute, at § 109(c), 29 U.S.C. § 1029(c) provides that the Secretary of Labor may also prescribe what other documents should be furnished. Thus, reading sections §109(c) and 502(c) together, along with ERISA § 505, 29 U.S.C. § 1135 (allowing the Secretary to “prescribe such regulations as he finds necessary or appropriate to carry out the provisions of this title”), the Secretary is given authority to establish the format and content of what documents are required to be produced by an administrator in an ERISA matter.

The Secretary of Labor’s ERISA claim procedures regulations, set out in 29 C.F.R. § 2560.503-1 (h)(2)(iii), describe what documents an administrator must provide. The regulations state that, in order to provide a full and fair review, the Plan must provide that a claimant shall be provided, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits.

It is always recommended that you prepare your ERISA claim or contest a rejection with the help of proven representation. At McMahan Law Firm, LLC, our Dalton Social Security disability claim lawyers are well-versed in the challenges hardworking Americans face when seeking federal benefits. We know how to help our clients navigate this process and ensure that their eligibility for these benefits is compellingly put forth.

Want to learn more about what our firm can do for you? Contact us today.