ERISA and SSDI Offsets
One of the questions we are asking most frequently is why long term disability insurance companies are allowed to offset and take a credit for SSDI benefits. The short answer? Because the insurance policy says they can, and the law permits it. The next question we are asked? Does the insurance company waive that offset… Read More »
ERISA Appeals
If your claim for Short Term Disability, Long Term Disability, medical or other benefits have been denied … and the claim is governed by ERISA … you have the right to appeal. You not only have the right, but you are probably required to file an appeal. When filing an appeal, it is critical to… Read More »
ERISA Denial Letters
ERISA, the Employee Retirement Income Security Act of 1974, is a complex Federal law that applies to most types of employee benefits. This often includes claims for Long Term Disability and Short Term Disability. If your claim is denied, the plan administrator (often the insurance company that insures the benefit plan) must send you a… 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 »
Employee Benefit Claims
For many of us, our employee benefits are as important as our salary. Our benefits can include medical, dental, life, accident, long term disability and short term disability benefits. When those benefits are taken away, or if the employer or insurance company does not live up to their promises, it is important to get help… Read More »
If you work for the State of Colorado, know your disability benefit options
Unlike most employee benefits, state workers are not governed by the Employee Retirement Income Security Act of 1974. You have different options available to you. For more information about the State of Colorado disability programs, click here.
ERISA NEWS; Department of Labor Strengthens Retirement Benefit Law
The US Depart of Labor has announced important changes to the law designed to strengthen employee rights to their retirement benefits. Read more here …
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 »
US District Court Overturns Denial of Long Term Disability Benefits
In a published decision by the US District Court for Colorado, we helped our client (“ML”) overturn the termination of her Long Term Disability benefits which she had been receiving for over 20 years. Among the arguments we made, was the “new” argument that the Court should consider the amount of time LM had been… Read More »
The New Battle: ERISA Venue Provisions
In their never-ending search for advantage, many employers and insurance companies are now adding venue provisions to their group policies. In short, these provisions require the insured-employee to litigate their claims thousands of miles from where they work and live, which often increases the cost of the litigation dramatically. Before you “give in” to one… Read More »