Blog - ERISA and Disability Rights and Benefits - Alabama - The Martin Law Group, LLC

Every now and then a client has a problem which is outside your “wheelhouse.” This series provides practical guidance to attorneys on how they can help their clients on ERISA-related issues. So, your client says their employer deducted 401(k) contributions from their paycheck but did not send the...

The gross unfairness of ERISA is why one shouldn't handle ERISA cases occasionally. We handle ERISA cases ALL DAY EVERY DAY. That is what we do. If a potential client needs assistance on an auto accident case, we gladly refer them to someone else. We handle employee benefit claims and disability ...

We're bringing back FAQuesday, highlighting and answering the questions we hear most often from clients. Today's question is “What do I do if my doctor won't complete forms that my long term disability insurer sent me?” Watch today's video to find out the answer. Whether you or your client needs ...

We're bringing back FAQuesday, highlighting and answering the questions we hear most often from clients. Today's question is “Can my long term disability insurer send someone to my home to speak with me?” Watch today's video to find out the answer. Whether you or your client needs advice before a...

We're bringing back FAQuesday, highlighting and answering the questions we hear most often from clients. Today's question is “Can my long term disability insurer make me see their physician for an IME?” Watch today's video to find out the answer. For more information on independent medical examin...

We're bringing back FAQuesday, highlighting and answering the questions we hear most often from clients. Today's question is “Can my long term disability insurer spy on me at home?” Watch today's video to find out the answer. Whether you or your client needs advice before applying or appealing fo...

We're bringing back FAQuesday, highlighting and answering the questions we hear most often from clients. Today's question is “Can my long term disability insurer deny my claim because they say I can work a job that I've never performed or even heard of?” Watch today's video to find out the answer...

We're bringing back FAQuesday, highlighting and answering the questions we hear most often from clients. Today's question is “Once my long term disability starts, will those benefits continue until I reach retirement age as laid out in my policy?” Watch today's video to find out the answer. Wheth...

We're bringing back FAQuesday, highlighting and answering the questions we hear most often from clients. Today's question is “If I am disabled and discover after being terminated that there was a disability benefit, can I still apply for a long term disability benefit after I've stopped working?”...

We're bringing back “FAQuesday,” highlighting and answering the questions we hear most often from clients. Today's question is “If I can no longer work at my job but I can do something else, can I still try to work part-time without losing my long term disability benefit?” Whether you or your cli...

We're bringing back “FAQuesday,” highlighting and answering the questions we hear most often from clients. Today's question is “what could impact the value of a long term disability claim?” If your policy or plan document doesn't include any “other income” or offset provisions, then the value of ...

We're bringing back “FAQuesday,” highlighting and answering the questions we hear most often from clients. Today's question is “How can I calculate my long term disability benefit?” This can depend on a number of factors, all of which we discuss in today's video. How Do I Calculate My Benefit? 1....

This is something that many will ask given the hit that the market has taken as the result of COVID-19. But it goes beyond that. It is of critical importance to employees who are approaching retirement age and affects people of all ages. While many don't pay attention to their retirement account ...

As anyone with a bankruptcy practice knows, this area requires detailed attention to the law, a full client caseload, and a streamlined system for staff to help move cases along. However, quite often, bankruptcy claimants fail to communicate other claims, such as ERISA claims, that may impact the...

A commonly used defense in ERISA cases is the doctrine of exhaustion. It can result in immediate dismissal. The doctrine holds that a claimant must first exhaust the remedies available under the plan before asking a court to intervene. It is so successful that it could be called the king of ERISA...

COBRA allows you to continue your health insurance coverage even if you no longer qualify for it (because of a change in employment or a relationship, for example). Just like you shouldn't attempt to charm a snake without knowing what you are doing, here are some basics about COBRA coverage. They...

The outcome of many ERISA cases can often turn on one key fact. Mr. Sulyma experienced that in his ERISA case, as handed down by the U.S. Supreme Court in a recent case, Intel Corp. Investment Policy Committee v. Sulyma. Mr. Sulyma invested part of his hard-earned paycheck into his employer's 401...

Many people have long term disability benefits through their workplace, but it is only helpful if it actually insures what you think it insures. Over the last few weeks, we've discussed long term disability traps. A trap is a device that catches you unaware. These traps deal with time limits, the...

One of the highest duties under the law are those of a fiduciary. A fiduciary usually refers to a trustee/beneficiary relationship. The trustee is obligated to act in the best interests of the beneficiary in managing assets for him or her. A good example is the orphaned child whose parents leave ...

Many people have long term disability benefits through their workplace, but it is only helpful if it actually insures what you think it insures. Over the next few weeks, we'll be discussing long term disability traps. A trap is a device that catches you unaware. These traps deal with time limits,...

We have seen many people who would have had great ERISA cases, but they waited too late to do something about them. Maybe they were sick or ill. Or perhaps they were taking care of aging parents or a sick child. Or maybe they could not find a lawyer to help them and they just gave up. Maybe there...

Many people have long term disability benefits through their workplace, but it is only helpful if it actually insures what you think it insures. Over the next few weeks, we'll be discussing long term disability traps. A trap is a device that catches you unaware. These traps deal with time limits,...

Part 1: Lying or Cheating to Help the Insurer Deny a Claim To attract the best employees, employers must provide good pay and good benefits. Many employers provide health insurance. Others may also provide long-term disability insurance. And some provide life insurance. These policies are often s...

Many people have long term disability benefits through their workplace, but it is only helpful if it actually insures what you think it insures. Over the next few weeks, we'll be discussing long term disability traps. A trap is a device that catches you unaware. These traps deal with time limits,...

Many prefer not to get involved when they see injustice. That allows evil to fester and eventually prevail. In 1867 Stuart Mill said, “Bad men need nothing more to compass their ends, than that good men should look on and do nothing.” There is no greater injustice than that perpetrated by someone...