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

The ERISA statute does not appear unfair on its face. But, when you read the thousands of cases interpreting the statute, unseen rules are interjected into ERISA which shade that fairness. One such unfairness, which is nowhere to be found in the statute, is the “substantial compliance” rule. To u...

Many attorneys and courts assume that an independent medical exam (IME) is a fair and even-handed way to evaluate whether a long-term disability claimant truly meets the definition of disability. In many cases, it appears that the long-term disability carrier need only obtain an IME and that is e...

We have handled many different long term disability claims over the last 27 years. One challenging medical condition is post-traumatic stress disorder (PTSD). A person with this disorder has suffered a traumatic event which precludes full function in work environments. Many combat veterans experi...

Priscilla worked her entire adult life as a nursing assistant. She bathed, fed, moved and assisted struggling patients. It was a physically demanding job. She began having problems with her neck but continued to work because she had to. It grew worse. She was placed on modified and restricted lig...

Change #5: Restrictions on Retroactive Cancellation One weapon utilized by insurance companies is rescission. That means cancellation of a contract and the return of the parties to the position they would have been in had the contract never been made. The following example illustrates the harshne...

Change #4: The Statute of Limitations ERISA allows plans to incorporate terms that provide deadlines or time frames. Usually if the time frames are not contrary to the minimum requirements of ERISA, they are contractually enforceable. One of those time frames is the deadline to file a lawsuit whi...

If you have never experienced chronic pain, you may not truly appreciate its impact. Imagine this. You soundly hit your thumb with a hammer. You then begin preparing your tax returns. As the pain subsides, you hit your thumb again. You continue trying to prepare your returns. Pain is distracting....

While many people do not understand Constitutional due process, they do understand when they are being “ripped off” or treated unfairly. With ERISA claims, many insurance companies confuse the term “due process” with “do the process.” If you have life or long-term disability insurance at work, yo...

This game is a little complicated, but most ERISA games are. Long-term disability (LTD) claims administrators are supposed to consider all information provided by the claimant. However, the claims administrator determines the weight given each piece. If an insurer gives too little weight to credi...

Remember that old saying from undergrad computer class – garbage in – garbage out? The 11th Circuit recently ruled that is not true for ERISA under certain circumstances. In a per curiam opinion, the ERISA disability claim heard was denied with garbage, but the decision was held to be reasonable ...

What happens when the “old reliable” insurance company you've paid premiums to for 30 years denies your claim for long-term disability benefits? We gather all the evidence and research the many claim violations. Then, we present a lengthy, detailed, and effective appeal. Watch this client's story...

Long term disability (“LTD”) is a private benefit which is governed by a contract that is provided by you or someone else on your behalf. When it is endorsed by an employer, it is regulated or governed by federal or state law, depending on the employer. You qualify for LTD when you meet the contr...

An ESOP is an Employee's Stock Option Plan, but it can also be fertile ground for a fable. Employers use such plans to lure high-quality people to work for them. Employees' efforts increase the value of the company and thus the value of its stock. Giving employees the option to purchase stock and...

Sometimes even employers can feel the bite of the two-headed COBRA. Watch today's video to find out how. When an employee is fired can he keep his health insurance? Generally, if the employee is not fired for gross misconduct and if the employer has 20 or more full-time employees (part-timers may...

In the world of long-term disability insurance carriers, managers of claims departments are constantly looking for ways to make the company more profitable. One way is to push the boundaries regarding offsets written in the plan. Watch today's video to learn more about offsets. What is an offset?...

In basketball, certain physical contact with a player on the other team is deemed by the rules unfair and considered a foul. The penalty is free throw(s), or the ball is put in play again. Intentional fouls are used to prevent the other team from scoring or to preserve time. Sometimes the last mi...

Many employees are in the dark when it comes to what rights and benefits they have. But just because a benefit may have expired does not mean that they do not have a claim. Check out a recent decision which confirms that there is light in the darkness. Many employees believe they have a benefit i...

Some life insurance companies use ERISA as an excuse to avoid liability. The denial of a life insurance claim can be frustrating and insulting to someone who just lost a spouse, especially when the company has no justifiable reason for doing so. Mr. Cassio (not his real name) and his wife came ho...

The conduct of insurers in the long-term disability world can sometimes be incredible. Today's client story is an example of an insurer's frustratingly unbelievable conduct. Mr. Mitchell was a hard worker. He went to work right out of high school in a grocery store. He worked his way up to be a b...

People who suffer an injury which prevents them from working often wind up depressed. In our client story this week, our client tried to lead a normal life in order to prevent that depression. But that created problems. After a very serious brachial plexus injury, several cervical fractures, rib ...

Many people look down their noses at those who are disabled, or in their minds, those who make disability claims. “Freeloaders.” “Lazy bums.” “Frauds.” These are terms that come to mind for many when they think about those who make disability claims. I have represented people making long-term dis...

If you are suffering from any of these injuries, illnesses, or conditions, then you may be entitled to disability benefits under the disability insurance provided by your employer, either now or in the future. Our attorneys can help you pursue ERISA benefits for a full array of disabling conditions.

In a divorce, is a spouse entitled to any part of the other's pension? How does one go about addressing the pension benefits in a divorce? Pension benefits are covered by ERISA. Read this week's client story to find out what can be done about pension benefits in a divorce. Linda's husband had a g...

Hopefully you have avoided tragedies that may require you to go to therapy. However, some experience heartbreaking situations and a good therapist is critical to the care needed to get them on the right path to recovery. However, what happens if your therapist is having her own problems? Kelly ha...

Under ERISA, at what level is a disability claim simply not worth pursuing? A case is more than a fee to us. Watch this week's client story. Every job is physically demanding in some way, but some are more challenging than others. Work in the textile industry has its unique demands. Shortly after...