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

Life Insurance Brings Out the Worst

Posted by David P. Martin | Mar 03, 2020 | 0 Comments

Mr. Miller was a retiree from General Motors. He participated in the General Motors life insurance plan, which was through MetLife. He was able to keep that life insurance benefit in place in his retirement. Mr. Miller had two sons with his wife, who died in 2002. He remarried in 2003 and named h...

Is it a Jackalope of a Case?

Posted by David P. Martin | Mar 03, 2020 | 0 Comments

Have you ever seen a Jackalope? As a young boy visiting a relative in West Texas, I came across, what I would discover to be, my first jackalope whose head was mounted on the wall of a restaurant. It looked like a jackrabbit with antlers. The waitress told me it was a jackalope. Of course, some v...

#FAQuesday: Can I work part-time while receiving LTD?

Posted by David P. Martin | Feb 25, 2020 | 0 Comments

Today's #FAQuesday with David Martin is “Can I work part-time if I'm receiving long-term disability benefits?” Watch the video to find out more. Whether you or your client needs advice before applying for long term disability benefits or need help with a problem afterward, contact an experienced ...

#FAQuesday: Can I receive LTD and SSD at the same time?

Posted by David P. Martin | Feb 18, 2020 | 0 Comments

Today's #FAQuesday with David Martin is “Can I receive long term disability and Social Security Disability at the same time?” Whether you or your client needs advice before applying for long term disability benefits or need help with a problem afterward, contact an experienced long term disabilit...

#FAQuesday: What is a long term disability benefit?

Posted by David P. Martin | Feb 04, 2020 | 0 Comments

Today starts a new series: #FAQuesday with David Martin. Today's FAQ is “What is a long term disability benefit? And, is it the same as Social Security Disability?” Whether you or your client needs advice before applying for long term disability benefits or need help with a problem afterward, con...

Common Questions on Long Term Disability

Posted by David P. Martin | Jan 28, 2020 | 0 Comments

In this video, Senior & Managing Attorney David Martin discusses three common questions he hears from clients regarding long term disability benefit claims. Question #1: Once my long term disability claim has been denied, how long do I have to appeal? Most often, clients will see in the letter th...

Five Impacts of the SECURE Act

Posted by David P. Martin | Jan 22, 2020 | 0 Comments

The SECURE Act (Setting Every Community Up for Retirement Enhancement) will not live up to its acronym. It is like putting a Band-Aid on a heart when it actually needs stents or surgery. The problem is that most of us have not saved enough for retirement. Many are losing their pension benefits. T...

Degenerative Disc Disease Disability Claims

Posted by David P. Martin | Jan 13, 2020 | 0 Comments

A very common medical condition suffered by those filing long-term disability claims is degenerative disc disease. According to Medical News Today, degenerative disc disease is “an age-related condition that happens when one or more of the discs between the vertebrae of the spinal column deterior...

It’s Just in Your Head!

Posted by David P. Martin | Jan 06, 2020 | 0 Comments

It's just in your head. That is effectively what Hartford told Ms. Miller. She had severe psychotic episodes and could not do her job. She filed a claim for long-term disability benefits under her Hartford policy. Hartford agreed she was disabled. It paid benefits under a mental nervous condition...

The Dangers in a Long-Term Disability Policy

Posted by David P. Martin | Dec 03, 2019 | 0 Comments

There are many dangers that may be lurking in a long-term disability insurance policy or plan. One would assume that a policyholder's income is protected in case of sickness or injury. However, the details of the policy or plan may not provide those benefits. It may, in fact, provide little or no...

Your ERISA Survival Kit [for Attorneys]

Posted by David P. Martin | Nov 19, 2019 | 0 Comments

While only one area of federal law, the Employee Retirement Income Security Act of 1974 (ERISA) invades many other areas of the law including personal injury, domestic relations, medical care, labor and employment, worker's compensation, and social security claims. If a benefit has been or will b...

“Mudita:” Why a Team Approach is Better

Posted by David P. Martin | Nov 18, 2019 | 0 Comments

Patrick Murphy, the head coach of the University of Alabama women's softball team, recently spoke to the Tuscaloosa County Bar Association. He explained that one of the biggest struggles in developing a solid team is the development of “mudita”. Mudita is the concept of taking pleasure and deligh...

Miraculous Recovery After 34 Years!

Posted by David P. Martin | Nov 04, 2019 | 0 Comments

For 34 years, Hartford found Ms. Bear to be disabled. Then a new adjuster determined that Ms. Bear, then 60 years old, was no longer disabled, and was capable of learning a new occupation and performing sedentary work. Watch today's client video to find out more on why our experienced long term d...

The Ghosts of ERISA’s Past

Posted by David P. Martin | Oct 29, 2019 | 0 Comments

There are a number of ghosts that have appeared in ERISA over the years. We know where they hang out, and we're not afraid of ghosts! And as the Ghostbusters would say, “we're ready to believe you.” Let us help you or your clients with your ERISA disability claim. In the meantime, read about thre...

The Bad of ERISA Part IV: The Standard of Review

Posted by David P. Martin | Oct 28, 2019 | 0 Comments

Over the last few weeks, we've discussed “the good of ERISA.” However, now it's time to tackle all of the unfairness of ERISA, and there exists a lot of unfairness with ERISA. The fourth unfair aspect of ERISA is that claimants, especially in the case of ongoing benefits, do not have the right to...

The Bad of ERISA Part III: The Standard of Review

Posted by David P. Martin | Oct 21, 2019 | 0 Comments

Over the last few weeks, we've discussed “the good of ERISA.” However, now it's time to tackle all of the unfairness of ERISA, and there exists a lot of unfairness with ERISA. The third unfair aspect of ERISA is the standard of review used in ERISA cases. In other types of cases, if a person is a...

The Bad of ERISA Part II: No Extra-Contractual Damages

Posted by David P. Martin | Oct 12, 2019 | 0 Comments

Over the last few weeks, we've discussed “the good of ERISA.” However, now it's time to tackle all of the unfairness of ERISA, and there exists a lot of unfairness with ERISA. The first “bad of ERISA” is that claimants cannot sue for extra-contractual damages. ERISA is an acronym that stands for ...

The Bad of ERISA Part I: No Extra-Contractual Damages

Posted by David P. Martin | Oct 08, 2019 | 0 Comments

Over the last few weeks, we've discussed “the good of ERISA.” However, now it's time to tackle all of the unfairness of ERISA, and there exists a lot of unfairness with ERISA. The first “bad of ERISA” is that claimants cannot sue for extra-contractual damages. ERISA is an acronym that stands for ...

The “Good” of ERISA: Penalties

Posted by David P. Martin | Sep 16, 2019 | 0 Comments

There is a lot of unfairness for claimants and participants with ERISA. ERISA may apply to long-term disability, short-term disability, life insurance, pension and retirement benefits. There are a lot of bad things about ERISA, but there are also good things about ERISA that if used to your advan...

The “Good” of ERISA: Attorney’s Fees

Posted by David P. Martin | Sep 16, 2019 | 0 Comments

There is a lot of unfairness for claimants and participants with ERISA. ERISA may apply to long-term disability, short-term disability, life insurance, pension and retirement benefits. There are a lot of bad things about ERISA, but there are also good things about ERISA that if used to your advan...

The “Good” of ERISA: Obtaining Your Plan Documents

Posted by David P. Martin | Sep 09, 2019 | 0 Comments

There is a lot of unfairness for claimants and participants with ERISA. ERISA may apply to long-term disability, short-term disability, life insurance, pension and retirement benefits. There are a lot of bad things about ERISA, but there are also good things about ERISA that if used to your advan...

The “Good” of ERISA: Obtaining Your Claim Record

Posted by David P. Martin | Sep 02, 2019 | 0 Comments

There is a lot of unfairness for claimants and participants with ERISA. In the words of the United States Department of Labor, “The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in pri...

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