COVID-19 and ERISA deadlines
In response to the Covid-19 pandemic, the US government has extended many of the deadlines to file an appeal under the Employee Retirement Income Security Act! If you have a claim for disability or medical benefits, but thought you missed your deadline, we may be able to help. Call 303-292-0044 for a free consultation today!… Read More »
Finding an ERISA Lawyer; Should I Hire a National Firm?
Finding the right lawyer for you is a personal decision. There are many large national firms that advertise that they handle ERISA (disability, medical) claims no matter what state you are in. For some, that is a good choice. Many of our clients prefer a local attorney. We have been practicing in the Denver Metro… Read More »
ERISA Deadlines and COVID-19
In response to the Covid-19 pandemic, the US government has extended many of the deadlines to file an appeal under the Employee Retirement Income Security Act! If you have a claim for disability or medical benefits, but thought you missed your deadline, we may be able to help. Call 303-292-0044 for a free consultation today!
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 »
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 »