---
kind: "section"
citation: "29 U.S.C. § 1133"
title: "29"
title_heading: "Labor"
number: "1133"
heading: "Claims procedure"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/29/1133"
units:
  - "Chapter 18 — Employee Retirement Income Security Program"
  - "Subchapter I — Protection of Employee Benefit Rights"
  - "Subtitle B — Regulatory Provisions"
  - "Part 5 — administration and enforcement"
---

# §1133. Claims procedure


In accordance with regulations of the Secretary, every [employee](/usc/29/1083.md?p=c-7-D-vi) 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.)

## Notes

### Statutory Notes and Related Subsidiaries

### Regulations

Secretary authorized, effective Sept. 2, 1974, to promulgate regulations wherever provisions of this subchapter call for the promulgation of regulations, see section 1031 of this title.