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What job are they looking at? ERISA and the “own occupation” policy
Your disability policy says that you are disable if you cannot perform the tasks needed for your “own occupation.” But, when your long term disability claim is denied, the insurance company is not looking at what you do, but instead at your occupation as it allegedly exists in the “national economy.” Can they do… Read More »
ERISA standard of review
In every case, the Court applies a certain standard of review, or the legal standards that will govern the claim. Many people are familiar with the 2 most common; the “reasonable doubt” standard that applies in criminal cases, and the “preponderance of the evidence” standard that applies to most civil claims. ERISA — of course– … Read More »
My disability claim is governed by ERISA …. what does that mean?
ERISA, or the Employee Retirement & Income Security Act of 1974 (“ERISA”), is a complex piece of Federal legislation that covers most employee benefit plans and how employers and their contractors (usually an insurance company) deliver those benefits to employees. For most Coloradans, their insurance benefits (life, medical, disability, vision, dental) are earned through our employment…. Read More »
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