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 »
Is my Employer Covered by ERISA?
In most cases? Yes. ERISA, the Employee Retirement Income Security Act of 1974, applies to almost all private-sector employers that maintain welfare benefit plans for their employees. Unlike many other Federal laws, ERISA applies regardless of the size of the employer. This includes corporations, partnerships, limited liability companies, and sole proprietorships. ERISA even applies 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 »
Court Rules ERISA Class Action Plaintiffs Not Entitled to a Jury
While there are many “flaws” in the ERISA statute, one of the most serious is that injured employees are denied their fundamental right to a trial by jury. For (yet another) recent example of the basic unfairness of this law, click here.
Colorado Subrogation Law and ERISA
Colorado has law that addresses the reimbursement of health insurance carriers following a personal injury settlement or verdict at trial. That law limits the ability of a “payer of benefits” … in other words a health insurance company …. to seek reimbursement of benefits in a personal injury claim “only if the injured party has… Read More »
Wait List for services for the disabled hits all time high
According to the Denver Post, many of the most vulnerable and in need citizens in Colorado are having to wait months for much needed care and services. To learn more about this terrible situation, click here. While we may not be able to solve every problem, or force the government to move faster, we may… 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.
US District Court for Colorado Overturns Denial of Long Term Disability Benefits in a Brain Injury Case
In one of our more recent ERISA cases, we helped a client overturn the denial of her Long Term Disability benefits under ERISA. To learn more about the case, which involved a former attorney who had suffered a serious brain injury, click here.