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 »
Fighting the Good Fight … to the End
Litigation can be a long, drawn out process. Many insurance companies count on being able to wear you (and your attorney) down to force a “cheap settlement. At Silvern & Bulger we are willing to fight with you as long as we need to. In a recent ERISA case, we fought with our client for… 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 »
SSDI or ERISA?
Often, potential clients are unsure of what type of disability benefit claim they have. While there are many Federal, State and local programs that may apply, there are 3 primary sources of disability benefits; Social Security (SSDI); benefits offered through a group plan, usually by an employer-sponsored plan; and private policies. All 3 are different,… Read More »
What is the Administrative Record and why is it important?
Your ERISA claim (life, medical, or long or short term disability) has been denied, and the insurance company is referring to “the Record” or “the administrative record.” So what is that? ERISA cases, unlike most civil cases, are not decided based on evidence generated during your lawsuit such (including the testimony of your medical providers). … Read More »
I forced myself to keep working … can I still go on long term disability?
This is a complex question, but a common one. Many injured and disabled employees keep working longer then they should, and do so for many reasons. Sometimes it is financial pressure, or it may be the desire to keep doing what he or she always has after building a successful career. Insurance companies often use… Read More »