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Blog | ERISA and Disability Rights and Benefits | Alabama | The Martin Law Firm, LLC

A 401(k) Won’t Last Forever [Video]

Posted by David P. Martin | Dec 10, 2018 | 0 Comments

Many people work very hard for many years and wisely put money away for retirement in a 401(k) provided by their employer. However, when medical problems arise and they cannot continue working, they often deplete their 401(k) unnecessarily.

A construction superintendent was highly valued, long-time employee. His knees and lower back started causing him problems. Fortunately, his job provided good benefits, including long term disability benefits, life insurance, and a 401(k). When his doctor told him he had to stop working, he filed a claim for long term disability benefits.

The long-term disability insurance company denied his claim. He hired our firm to pursue his case. In the meantime, he lived off his 401(k) account. The account dwindled in just a few months, as a large part of his withdrawals were withheld for taxes and penalties. Meanwhile, we aggressively pursued his claim through an appeal with the company and when it was effectively denied, with a lawsuit.

Shortly after we filed the lawsuit (and before the 401(k) plan was exhausted), the insurer reversed its prior decision and our construction superintendent was awarded his long-overdue long-term disability benefits.

If a long-term disability claim is denied, don't sit on it. A “safety net” such as a 401(k) may not last as long as you think. The sooner we get going, the quicker the resolution. Let us help.

About the Author

David P. Martin

Senior & Managing Attorney

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