Employee Benefits / ERISA
The Cain Law Firm advises individuals and businesses regarding all aspects of employment-based benefits plans, including, health plans, retirement plans, Section 125 flexible benefits plans (such as flexible spending accounts, dependent care accounts, health savings accounts, and premium only pre-tax deduction plans), and various other benefits arrangements.
The firm helps employers and group benefits agents/brokers in drafting, implementing, and administering health, welfare, and retirement plans. To help with this area, the Cain Law Firm has developed a flat-fee program called ERISA Help to help both employee benefits brokers and employers in Tennessee with their employee benefits matters. Using ERISA Help , the firm can help business clients with the following:
- Health and welfare plan design, including reviewing insurer contracts, employee communications, and day-to-day administration of employee benefit plans;
- COBRA, HIPAA, FMLA, and other statutory laws affecting employee benefit plans;
- Section 125 and other tax laws affecting employee benefit plans;
- Advice regarding Forms 5500 and other required reporting; and
- Advice regarding IRS and DOL audits and investigations.
The firm helps individuals who have disputes regarding their employment-based benefits plans. Such disputes include:
- denials of benefits;
- reductions in retirement benefits;
- interference with benefit claims;
- subrogation and reimbursement issues following third-party settlements; and
- divorce-related issues (i.e., QDROs, COBRA, medical coverage for children, etc.)
As with all of the firm’s work with individual clients, the firm’s representation can be on contingency basis, a flat-fee basis, or an hourly fee basis. In many cases, the firm can provide an “advice only” fee arrangement (where the client only uses the firm to ask questions) that will allow individual clients to handle the case themselves at a reduced cost.