29 USC § 1133 - Claims procedure

---
identifier: "/us/usc/t29/s1133"
source: "usc"
legal_status: "official_prima_facie"
title: "29 USC § 1133 - Claims procedure"
title_number: 29
title_name: "LABOR"
section_number: "1133"
section_name: "Claims procedure"
chapter_number: 18
chapter_name: "EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM"
subchapter_number: "I"
subchapter_name: "PROTECTION OF EMPLOYEE BENEFIT RIGHTS"
part_number: "5"
part_name: "administration and enforcement"
positive_law: false
currency: "119-73"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 93–406, title I, § 503, Sept. 2, 1974, 88 Stat. 893.)"
---


# § 1133. Claims procedure

In accordance with regulations of the Secretary, every employee benefit plan shall—

**(1)** provide adequate notice in writing to any participant or beneficiary whose claim for benefits under the plan has been denied, setting forth the specific reasons for such denial, written in a manner calculated to be understood by the participant, and

**(2)** afford a reasonable opportunity to any participant whose claim for benefits has been denied for a full and fair review by the appropriate named fiduciary of the decision denying the claim.

---

**Source Credit**: (Pub. L. 93–406, title I, § 503, Sept. 2, 1974, 88 Stat. 893.)

## Statutory Notes and Related Subsidiaries

### Regulations

Secretary authorized, effective , to promulgate regulations wherever provisions of this subchapter call for the promulgation of regulations, see .