Long Term Disability Claim Tips
Did you know that many long-term disability insurance companies try to get access to your social media accounts (Facebook, Instagram, Twitter) to find evidence that you are exaggerating your disability? It is easy to take a simple post out of context. If you are pursuing a claim, be careful of what you share, and who… Read More »
ERISA and SSDI
Many of our clients assume that if they get SSDI benefits from the government, this guarantees that they will win their ERISA long term disability case. Unfortunately, that is not always the case. The recent decision in Ortiz v The Hartford, 2019 WL 5697784 (D. New Mexico November 4, 2019) is a good example. There,… Read More »
ERISA NEWS; Circuit Court Adresses Failure of ERISA Plan Administrator to Disclose Plan Documents
In Odle vs. UMWA 1974 Pension Plan, the Court of Appeals for the Fourth Circuit reversed a district court’s decision on summary judgment in favor of a pension plan’s fiduciaries (in this case, the board of trustees for a coal industry multiemployer fund). The case involved a dispute over an employee’s service credit. The plan… Read More »
I Have to Appeal a Denial of an ERISA claim; Do I need a Lawyer?
The short answer …. in most cases, yes. In most cases under the Employee Retirement Income and Security Act (ERISA), the Court will decide the case based on the Administrative Record. The “Record” is made up, in most cases, of the documents and information that you submit during the initial claim, and during the appeal. … Read More »
(A FEW MORE) COMMON ERISA MYTHS
Do not believe everything you hear about ERISA (including “free advice” from a lawyer who does not actually handle these very specialized cases). The bold is for emphasis; separate the myths from the facts to help navagate the complex world of ERISA that governs many long term disability, short term disability and other employee benefit… Read More »
(A FEW) COMMON MYTHS ABOUT ERISA
There are many myths about ERISA (the Employee Retirement Income Security Act), and about what it is, what the rules are. The reason is simple, even if the answers are not. ERISA, which governs many types of long term disability, short term disability, medical, dental, life and other employee benefits is a complex piece of… Read More »
What is the Administrative Record and why is it important?
Your ERISA claim (life, medical, or long or short term disability) has been denied, and the insurance company is referring to “the Record” or “the administrative record.” So what is that? ERISA cases, unlike most civil cases, are not decided based on evidence generated during your lawsuit such (including the testimony of your medical providers). … Read More »