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

Ms. Wallace was a nurse who became disabled. She was covered by long term disability insurance through Hartford in 2012. The coverage was taken over in 2013 by Reliance Standard Insurance Life Insurance Company. Ms. Wallace quit working in 2012 due to her disability. Fighting her limitations, she...

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,...

Over the last few decades of working with people who have disability insurance claims, we have seen some heavy-handed tactics used both with private policies as well as group policies. Usually, the tactics involve some significant unfairness, and the person who is filing the disability claim has ...

Over the last few decades of working with people who have disability insurance claims, we have seen some heavy-handed tactics used both with private policies as well as group policies. Usually, the tactics involve some significant unfairness, and the person who is filing the disability claim has ...

ERISA allows for certain circumstances which create inherent conflicts of interest. Each must be addressed in order to rebuild the justice that they undermine. It is easy for clients to see that an insurance company terminating or refusing to pay an ERISA claim has a serious conflict of interest....

Over the last few weeks, we have discussed four of the five mistakes made when filing ERISA claims for long term disability and short term disability, life insurance, pension or retirement, and sometimes large medical benefit claims. The fifth and final mistake is failing to understand the burden...

When employees are offered long-term disability insurance in the workplace and then permit a deduction to their paycheck for that, they expect that they will receive something in return if they ever need it. Perhaps the employee accepted the position because of the benefits package offered, which...

Over the next few weeks, we'll be discussing five mistakes individuals make when filing ERISA claims for long term disability and short term disability, life insurance, pension or retirement, and sometimes large medical benefit claims. The fourth mistake is failing to refute the evidence that the...

Over the next few weeks, we'll be discussing five mistakes individuals make when filing ERISA claims for long term disability and short term disability, life insurance, pension or retirement, and sometimes large medical benefit claims. The third mistake is failing to ask for documents. ERISA has ...

I am out of work and out of money – Can I take money out of my 401(k)? The coronavirus pandemic has created a number of hardships especially for those in businesses that rely upon personal contact with people. If you have a 401(k), and you have experienced one of the specific impacts by the coron...

Over the next few weeks, we'll be discussing five mistakes individuals make when filing ERISA claims for long term disability and short term disability, life insurance, pension or retirement, and sometimes large medical benefit claims. The second mistake is missing deadlines. Most people are fami...

Did you lose your health insurance when you lost your job or had your hours reduced? If an employee has employer-provided health insurance and is laid off, or has hours reduced to part-time, that health insurance coverage may be ending. Due to the declaration of a national emergency regarding the...

Our office is now open to the public for face-to-face meetings. We are meeting with clients in both our Tuscaloosa and Birmingham offices, maintaining 6 feet social distancing at all times. If you do not feel comfortable coming to meet with us in our offices but are seeking legal assistance or co...

Over the next few weeks, we'll be discussing five mistakes individuals make when filing ERISA claims for long term disability and short term disability, life insurance, pension or retirement, and sometimes large medical benefit claims. The first mistake is thinking you can represent yourself. Now...

Many people who have pending long-term disability claims have been forced to shuffle those concerns to the back of their lives until they tend other matters. It has been a challenge just to figure out how to obtain ongoing medical care and manage a household. Many have trouble obtaining basic ...

If you have a life insurance policy that has a pre-existing condition exclusion and your policy applies the law of the First Circuit, you might need to be perfect to have coverage. Mr. Joseph Arruda was on his way to work on a four-lane road when he crossed all lanes of traffic, collided with ano...

Employment lawyers frequently encounter frustrating issues with ERISA. Our Civil Procedure classes taught us to combine all claims that we have arising out of a transaction and related transactions into one lawsuit. So, you should be able to bring a lawsuit with ERISA, FLSA, ADA, and other Title ...

One question that we often hear is whether someone who has been hurt on-the-job is entitled to long-term disability benefits in addition to workers' compensation benefits. Workers' compensation benefits only cover injuries occurring in the workplace, and many times, people think that because they...

Thanks to the recent stimulus package, if you are over 70, you now have the option of waiting to withdraw money from your 401(k). Normally those over 70 are required to take an RMD – Required Minimum Distribution – every year. However, that requirement has been waived for this year. If your inves...

Every day, we hear repeatedly something about the coronavirus or COVID-19 pandemic around the world. This pandemic is not only causing sickness, and sometimes death, but it is also causing quite a few problems for workers, employers, and businesses all across the U.S. Many workers may be experien...

Many people think so, but under ERISA, that is not true. A recent example proved that again. Mr. Brian McConnell filed a claim for benefits in 2009. “The defendant and its predecessor paid benefits without interruption from 2009 to June 2018, when the defendant terminated benefits. ” McConnell v....

In relationships, it is important to tend to them each day. When we get busy with other things and think we can invest time in that relationship later, too much time may pass, and we may lose the relationship. Scrambling to “catch up” when we finally realize our shortcomings may come too late. In...

With courts cancelled, offices closing, and social distancing being encouraged, it's easy for anyone, especially lawyers, to begin feeling stir crazy. Lawyers, by our very nature, like to keep busy, and idle hands, as the old adage says, make fretful minds. I thought I would take this opportunity...

Effective immediately, due to COVID-19 and government recommendations, our offices will be closed to the public for face-to-face meetings until further notice. However, we will continue our business operations and will be available via telephone, email and Skype — providing the highest level of l...

In ERISA cases, a big issue is the standard of review. Maybe that sounds boring, but it is important to understand the concept because it can mean life or death in an ERISA case. Let's start at the beginning though to understand this. There are two different ERISA standards of review. De ...