Employee Benefits & ERISA



When accepting a new job, most people are concerned with their salary, but don’t think about their other benefits until they need them. It is easy to assume that your health insurance, disability insurance, or retirement benefits will be there when you need them. But when things go wrong and your claim is denied, or you can’t access your retirement account, where do you turn? It is a frustrating and scary situation that you have never been in before. But we have. We can guide you through this. We work as your counselor and advocate and have your best future in mind. Our Charlotte Employee Benefits and Compensation lawyers fight to get you what you are owed and protect what’s yours.

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Why You Should Enlist Our Help

Employee Benefits are governed by different sets of rules than other employment or contract claims. Insurance and other benefits provided at work usually fall under a federal law called the Employee Retirement Income Security Act of 1974, or “ERISA.”

Disputes over employee benefits are also tricky to resolve because there are so many parties involved. Often your claim might implicate an insurer or administrator of the benefit claim, and you may or may not need to involve your employer. Our Charlotte Employee Benefits attorneys have the experience to handle these complicated disputes in the most efficient way possible to protect your interests.

Below are several types of workplace benefits that are subject to ERISA, including short-term disability, long-term disability, health insurance, executive compensation, life insurance, retirement plans, severance plans, and qualified domestic relations orders (“QDROs”)/qualified medical child support orders (“QMCSOs”).

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Long Term Disability
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Short Term Disability
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Executive Compensation
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Health Insurance Claims
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Free Consultations

Our Charlotte ERISA lawyers offer free consultations on all ERISA matters, because we understand the unfair troubles that you are experiencing, which is why we want to help. Call us at 704.919.1519 or send us an email to schedule a time to speak with one of our attorneys.

Marcellino & Tyson, PLLC maintains co-counsel relationships with attorneys in South Carolina, Maryland, Georgia, Virginia and in each state in which we assist disability/ERISA clients.

Questions? Please call 704.919.1519.

Confident and Well-prepared

After exhausting the appeal process on my own to reinstate my Long-Term Disability benefits with the insurance carrier, I turned to Bryan Tyson for help. After our initial meeting, I knew that I had chosen the right attorney. Bryan was methodical in his approach, explained why each step was necessary, and nothing was done without discussion, my input, and approval. In less than 6 weeks from when the insurance company was served with the lawsuit, my case settled through mediation! It was during mediation that I gained even more respect for Bryan. He was confident and well-prepared; the amount of research that he did “behind the scenes” was truly impressive. Bryan is a man of integrity who, through this process, also taught me a valuable lesson of patience … and good things really do come to those who wait.

Recent Verdict

Representation of a client regarding his claim for benefits under a long-term disability plan. Specifically, the former employee alleged that he was never provided a “summary plan description” of the long-term disability plan. Under the Employee Retirement Income Security Act of 1974 (also known as “ERISA”), plan sponsors (typically employers) are required to provide employees a summary plan description, which tells employees general information about their plan benefits. Because the employee had not received a copy of the summary plan description, he was unaware of a provision that substantially reduced the disability benefits he was to receive. Based on recent U.S. Supreme Court precedent, attorney Tyson filed suit on behalf of the employee to stop the plan and former employer from reducing the employee’s disability benefits.

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