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

You worked for decades to put money into your pension and retirement plan, so you could enjoy post-retirement life. You probably have dreams of enjoying all of those activities you put off while you were working. Maybe you've been dreaming of hobbies l like woodworking or finally having enough ti...

Many people know they have a long-term disability benefit, health benefit, or life insurance benefit, but they don't know the “rules” or terms for the benefit. There are too many instances in which it is vital to know the “rules,” or plan terms, before you have a claim. Even if you don't thorough...

Up to 3 percent of women and 2 percent of men will be diagnosed with carpal tunnel syndrome at some point in their lives. Those numbers are likely to increase in the next decade, too, as people who work on the computer a lot are at a greater risk of developing the painful issue. The syndrome is c...

Long term disability insurance can be a lifesaver for the American worker. When they find themselves too ill or injured to work, they can rely on monthly payments to replace their income so they can continue to take care of their family. These monthly payments may be scheduled to last for a certa...

We all like social media. And if you are hurt or sick and can't work, it can be a great way to keep in touch. However if you are receiving a long term disability benefit or a pension disability benefit beware! LinkedIn did help “kill” a recent ERISA case! Most people forget that what you say on s...

Remember the Capital One® commercial, “What's in Your Wallet?” It is also important to know what is in your disability plan, since it will affect your wallet. Many of us never think we will be unable to work. However, every day we are only one accident away from that. If you have a plan, you need...

We hear that question often. Many clients do not initially understand why they were referred to our firm. Some try to make up an excuse for their prior attorney with thoughts such as “I guess he doesn't handle that,” or “I guess she is too busy.” You may have wondered the same thing. However, no ...

After years of service, Mr. Taylor retired from NCR. He was to receive a survivor annuity benefit of about $29,000 per year for both his and his wife's lives. This retirement was an effective inducement for Mr. Taylor to stick with the company. That benefit can bring much peace of mind for retire...

Many people who are very sick or injured may find their long-term disability claim repeatedly denied. That can be very discouraging. But if they don't file a lawsuit in a timely manner, all hope will be lost for such claims. To make it more discouraging, there are far fewer lawyers who regularly ...

There is much talk in the news about fiduciary duties. What exactly is a fiduciary duty? Generally, it is a legal obligation of one party to act in the best interest of another. It is the highest standard of care recognized by our law. In a ERISA case, Federal Insurance Company v. American Home A...

Donna Kendrick had a great job working for Gulfstream Aerospace. She thought she was set for her working life, as she had good benefits with her company and enjoyed her work. One of those benefits was a long term disability policy insured by Aetna. Ms. Kendrick's health took a turn for the worse ...

The 7th amendment to the Constitution guarantees the right to a jury trial, but not for a long-term disability claim governed by a law known as ERISA. Perhaps a jury trial would help people receive benefits that are due, but the courts have not permitted a jury trial right. And now Congress has n...

Finally, after more than a year of writing, refining, and hearing comment for and against, the Department of Labor's Employee Benefit Security Administration has issued its regulations regarding the claim process for long-term disability claims. There has been a good bit of unfairness in the proc...

Going through the process of applying for social security benefits is no small task. You spend hours of your time making sure that every piece of your application is correct. You submit your W2's, medical records, lab results, lists of medications and all other relevant information and put your t...

How hard can ERISA really be? Are long-term disability carriers really that aggressive? I paid a premium so surely if the insurance company sees my medical records, my claim will be paid, right? These are very common questions people ask when they find themselves too sick or hurt to work. Mr. Mad...

The District Court of Utah was required to answer this question after a claimant won a long term disability ERISA case. It found that even though the insurer abused its discretion in terminating benefits, attorney fees were not merited. The court went through the five-factor analysis some courts ...

Besides finding employment, securing adequate housing is one of the most challenging tasks for people with disabilities and the people who love them. Without a safe, secure, and affordable place to live, people with disabilities can be severely hindered in their quest to be a contributing member ...

When many people hear the word “disability” they immediately imagine an individual that has a physical condition that substantially impairs one or more major activities in their life, including the act of employment. However, as an experienced disability lawyer in Alabama, we know that physical d...

A “Fumble” can change liability in a life insurance case. In the case McCurry v. Met Life and Citigroup, Inc. (M.D. Fl. 2016) Ms. Kunselman was working for Citigroup and was a participant in a group life policy insured by Met Life. She named her husband as her beneficiary, but then they divorced....

Years ago, many Americans depended solely on their retirement and pension plans to see them through their twilight years. Now, in the 21st Century, that has become a relic of the past. No more are families able to continue living their lives as they once did, no more are pension plans enough to g...

With the economic situation being what it is in the United States, many people are finding that their pension and their retirement benefits are not what they thought they would be. For those who had originally planned to able to live on their benefits after retiring, this is a sobering reality, a...

In every long-term disability claim, it is important to have the plan document on hand so you know the rules. In fact, if the plan document is not given to you upon a written request, a penalty claim may arise in your favor. That is a fine that can be imposed for this failure, up to $110 per day!...

The Church Plan Is every employee benefit claim governed by ERISA? There are a few exceptions to ERISA, but it may take counsel experienced in ERISA to prove this. The Middle District of Alabama in Lawrence et al., v. Nation, et al. articulated how the church plan exception (as it is called in ca...

One judge thinks so, as reported in Perry v. Metropolitan Life Ins. Co. in the Middle District of Georgia. Ms. Perry had a long term disability policy through MetLife. Her claim was originally paid, but then later denied. Ms. Perry timely appealed the denial of her claim. MetLife let her know tha...

One court addressed this in Haase v. Metropolitan Life Ins. Co., (E.D. PA 2016), Mr. Haase was receiving long-term disability benefits (LTD) for about ten years. During that time, he challenged MetLife's calculation of an offset of worker's compensation benefits which reduced his long-term disabi...