Frequently Asked Questions

No. If your employer is a governmental entity, then ERISA would not apply. However, if you find yourself participating in a 457b plan because of your status as a contractor for government agencies, the answer can be less clear.

Yes. Assuming you have a private employer.

Yes. Employer-sponsored 401k plans are subject to ERISA.

Probably not. As we mentioned before, ERISA applies to your pension and employee benefits that you have as a result of your status as an employee. “Individual” Retirement Accounts are likely outside of that employment relationship.

Maybe. It depends on who your employer is. If it is a governmental entity, then no. If it is a private charitable entity? Then likely, yes.

If you have a disability insurance policy, the amounts payable will be defined in the policy itself. Individual policies typically stop paying benefits at your normal retirement age as set out by the Social Security Administration, which is based on your date of birth.

The answer depends on the terms of the insurance policy. Typically, it varies from a percentage of your pre-disability earnings to fixed monthly benefit amounts.

Due to the fact that there is no specific minimum number of people required, the number of people needed for a class action lawsuit can vary depending on the jurisdiction and the specific rules governing class actions. Generally, one or more plaintiffs can file a class action on behalf of a larger group (the class) if specific requirements are met.

To be certified as a class, the court typically considers factors such as:

Numerosity: The class must be large enough that joining all individual claims in a single lawsuit is not feasible or practical.

Commonality: The class members must have common questions of law or fact.

Typicality: The claims or defenses of the representative parties must be typical of those of the class.

Adequacy of Representation: The representative parties must fairly and adequately protect the interests of the class.

It’s important to consult the specific rules and regulations of the jurisdiction where the lawsuit is being filed, as they may have additional or different requirements. Legal advice from an attorney experienced in class action litigation, such as our team at Sinclair Law Firm, is recommended for anyone considering or involved in a class action lawsuit.

Disability benefits are paid for the length of the policy ‘maximum benefit period’ so long as you meet the policy definition of disability,and no exclusions apply. How long those benefits are paid also depends on the coverage in question, and most group policies end at either age 65 or your normal Social Security Retirement Age. Some individual Disability Policies can pay benefits even longer.

A critical first step in starting a class action lawsuit is to consult with a legal team to analyze the details of your case and its potential for success. An attorney with experience in class action lawsuits should be able to consider key factors such as the existence of similar cases, previous outcomes, the extent of the impact on other class members, and the overall appropriateness of seeking legal action.

Once your legal team has completed their evaluation, the next step is filing your complaint. This is a comprehensive document that outlines the essential details of the class action lawsuit, including affected individuals, specific grievances, demands, and other relevant information. Your legal team will help you compile this information and guide you through the remaining steps of the class action lawsuit process.

Determining whether you are covered or included in a class action lawsuit typically involves receiving a class action notice in the mail, especially if the lawsuit has already been filed. This notice will explicitly state that your legal rights may be impacted by the ongoing litigation. It is crucial to carefully read the class action notice as it contains relevant information regarding the scope of the lawsuit.

Certain class actions may have specific criteria, such as covering residents of particular states or individuals who have experienced a specific type of physical or financial harm. Understanding the details outlined in the class action notice is vital to determining your eligibility and participation in the lawsuit.

The duration of a class action lawsuit can vary significantly depending on various factors, including the complexity of the case, the number of class members involved, legal challenges, and settlement negotiations. Class action lawsuits typically take several months to several years to reach a resolution. Some cases may be resolved relatively quickly through settlements or class action waivers, while others may progress through the court system, leading to a more extended litigation process.

It is challenging to provide a specific timeframe as each case is unique, and the legal process involves several stages, including certification, discovery, motions, and potentially a trial if the case does not settle. Legal complexities and the potential for appeals can also contribute to the overall timeline. Consulting with legal professionals with an extensive history in class action lawsuits can also provide more accurate estimates based on the circumstances of each case.