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Our firm's attorney David Martin has an article published in the Alabama Association for Justice titled Stand up for Justice, which explores the gross unfairness in ERISA, which deprives thousands of people of lawfully receiving their long-term disability benefits. There is a bill seeking to chan...

Many clients and attorneys alike often think that if they paid for a policy themselves, then it should be a policy governed by state law and not federal law. In other words, the Employee Retirement Income Security Act should not govern the claim. That is not necessarily true, and a recent case pr...

In August 2021, New York City ordered all employees in its public school system to be vaccinated against Covid 19. Then a short while later the city ordered all of its municipal workers to be vaccinated. The vaccines were authorized by the U.S. Food and Drug Administration and recommended by the ...

By David P. Martin Why are there so many job openings? More particularly, why did my take-out pizza box have an advertisement for a signing bonus to work at a pizza place? I see in cities all across Alabama, quite a few employers with “hiring now” signs visibly displayed outside businesses. In r...

I am David Martin with the Martin Law group. We help people with disability policies and ERISA claims. I post a new disability policy term every Thursday. Subscribe and get the Edge in understanding your policy. Today let's discuss “What is objective medical evidence?” This term means independent...

I am David Martin with the Martin Law group. We help people with disability policies and ERISA claims. I post a new term every Thursday. Subscribe to get the Edge in understanding your policy. Today we are going to be discussing What is a pre-existing condition? A pre-existing condition is a medi...

I am David Martin with the Martin Law group. We help people with disability policies and ERISA claims. I post a new disability policy term every Thursday. Subscribe to get the Edge in understanding your policy. Today we are going to be discussing “What is a mental illness limitation?” A mental il...

Conduct discrimination toward race, sex, religion, or ethnicity may be a problem. Making fun of you for coloring your hair may not be.  The factors courts look at include “… ‘the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere ...

Often the first two questions we hear from our clients are: Why did they deny my claim? What does this letter mean? Our clients have usually received a letter full of confusing ERISA jargon and terms from an insurance company or a pension plan refusing to pay their claim. So, we've decided ...

The lawyers in our firm are focused on helping people with disability policies and ERISA claims. We want to give you the edge in understanding your policy. Today, we discuss Part II of what the term “discretionary authority” means in your disability policy. In Part I, we pointed out the unfairnes...

Without question, COVID has had a significant impact on everyone's life. For some, the effects have been more pronounced than others. And while we have made substantial strides forward in dealing with its threats, the true long-term impacts are still unknown. But one thing is already clear – COVI...

The lawyers in our firm are focused on helping people with disability policies and ERISA claims. We want to give you the edge in understanding your policy. Today, we want to help you understand what the term “disability earnings” means in your disability policy. Disability earnings are those earn...

One tool that can be effective in correcting unfairness with underpaid medical benefit claims is the class-action. An example can be seen in the recent class action filed in the United States District Court for the District of Connecticut, Stewart et al v. Cigna Corporation and Cigna Health and L...

The lawyers in our firm are focused on helping people with disability policies and ERISA claims. We want to give you the edge in understanding your policy. Today, we want to help you understand what the term “reasonable accommodation” means in your disability policy. To understand that term in yo...

A frequent debate between employers and employees is whether the employee is exempt or nonexempt. The reason why that matters is usually linked to whether overtime is due to be paid under the Fair Labor Standards Act (FLSA). Nonexempt employees receive overtime and exempt employees do not. Someti...

The lawyers in our firm are focused on helping people with disability policies and ERISA claims. We want to give you the edge in understanding your policy. Today, we want to help you understand what the term “own occupation” means in your disability policy. Your common sense tells you that your “...

The facts of a recent case read like Cinderella. Batal-Sholler v. Batal, 2:21-cv-00376-NT (D. Me. Aug. 15, 2022). But the lessons in employment law still resonate. Facts of the Case: Ed started an insurance agency in the 1960s. In 1983, he asked his daughter Nancy to move back to Maine and joi...

The lawyers in our firm are focused on helping people with disability policies and ERISA claims. We want to give you the edge in understanding your policy. Today, we want to help you understand what the term “any occupation” means in your disability policy. Any occupation in the disability policy...

If you recall the post a few weeks ago on the Stewart v. Hartford case, you will remember that discretion in an ERISA disability benefit plan was a big problem. With discretion, the court allowed the insurance company to interpret policy terms inconsistently and against the insured. Insurance com...

More than a few clients have been very excited to receive a right-to-sue letter from the EEOC, assuming it means they have a good case. They assume a good lawyer will get them a large recovery. But that is not the case. What is a Right to Sue Letter from EEOC? Before proceeding with a discriminat...

The lawyers in our firm are focused on helping people with disability policies and ERISA claims. We want to give you the edge in understanding your policy. Today, we want to help you understand what the term “discretionary authority” means in your disability policy. Discretionary authority is leg...

Employees who were promised life insurance or health insurance upon retirement, only to find out that such benefits are being cut off, may feel like they have either had the “wool pulled over their eyes” or “the rug pulled out from under their feet.” ERISA doesn't tolerate it either. However, it ...

The lawyers in our firm are focused on helping people with disability policies and ERISA claims. We want to give you the edge in understanding your policy. Today, we want to help you understand what the term “legal incompetence” means in your disability policy. Many people think that being sudden...

What better way for companies to entice people to long-term employment than by offering stellar retirement benefits? After all, “a stitch in time saves nine.” In other words, if you sort out a problem immediately it may save a lot of extra work later. Some companies offer the benefits initially b...

The lawyers in our firm are focused on helping people with disability policies and ERISA claims. We want to give you the edge in understanding your policy. Today, we want to help you understand what the term “proof of loss” means in your disability policy. What is “proof of loss?” Proof of loss i...