ERISA and the Statute of Limitations
Every type of case has its own Statute of Limitations (the period that the law gives you to file a lawsuit to protect your rights). These limitation periods can vary from State to State, between the State and Federal Court system, and even from Judge to Judge. To complicate matters, certain insurance companies offering health,… Read More »
ERISA and Change of Venue
You live in Colorado. You work here. Your employer’s insurance company denies your disability or medical benefit claim, and tells you that your policy requires you to file your lawsuit in some far away jurisdiction like Delaware or Missouri (based on a clause in the policy you never saw, let alone agreed to). What are… Read More »
What Makes Silvern & Bulger Different?
I have been representing injury victims, and the disabled in Colorado, for over 20 years. One of the most common questions I get asked is “what makes your firm different then the hundreds of other law firms in Denver, Wheat Ridge and Colorado?” There are many many excellent lawyers in Colorado. And not every lawyer… 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 »
WHO DO YOU FIGHT IN ERISA?
The vast majority of employee benefits, including long term disability, short term disability and medical benefits, are governed by ERISA. Surprisingly, there are relatively few insurance companies and related companies that insurer these claims (and we have worked with, and stood up against, the vast majority of them!). This includes: CIGNA The Hartford Reliance Standard… Read More »
WHY DO YOU HANDLE ERISA, LTD, STD AND PERSONAL INJURY CLAIMS?
wWe are often asked why (and how) we can handle these different types of cases. The answer is part of our firm’s philosophy. Our clients, the “regular” working men and women of Colorado, deserve the same high level services available to them that the large insurance companies and corporations that oppose them have. We strive to… 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 »
ERISA NEWS: NEW DRUG PRICING LAWSUIT FILED UNDER ERISA
Express Scripts Inc. and Anthem Inc. are accused in a proposed class action of breaching their ERISA fiduciary duties (i.e., their obligations to the thousands of employees promised prescription drug coverage by the employer) by entering into a 10-year, multibillion-dollar prescription-drug agreement that caused plan participants to overpay for benefits ( Burnett v. Express Scripts,… Read More »