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

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 “the claim” means in your disability policy. The claim is a request for the insurance com...

Depending on the situation, it is possible for an employee to be fired for something that occurred with a previous employer. However, if an employee is telling the truth regarding Title VII or FMLA in a deposition against a former employer, the termination by their current employer may be problem...

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 “regular and appropriate care” means in your disability policy. “Regular and appropriate ...

Managing Attorney David Martin was recently selected by his peers for inclusion in the 2023 edition of The Best Lawyers in America® for Employee Benefits (ERISA) Law and Litigation – ERISA. For more than 40 years, Best Lawyers has been regarded—by both the profession and the public—as the most cr...

ERISA allows very limited remedies to life insurance claim denial. One is a breach of contract-type remedy – a claim for benefits. Another is one for equitable relief, which courts have cast as a “catchall.” It is only available when there is no claim for benefits. ERISA designates certain person...

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 “maximum benefit period” means in your disability policy. This term, maximum benefit peri...

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 “when coverage ends” means in your disability policy. “When coverage ends” is usually def...

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 “actively at work” means in your disability policy. Not only is this provision often foun...

Many employees experience a hostile work environment after suffering a disability. This may be due to other employees who are concerned that they must pick up the slack of the disabled employee or a supervisor who is concerned that the disabled person is not pulling their weight.

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 “prior coverage credit” means in your disability policy. What is prior coverage credit? P...

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 “merger clause” means in your disability policy. A merger clause is not a term labeled th...

Mental health awareness is increasingly important and applicable to all. Today, we're addressing “can FMLA be used for mental health?” A Refresher on FMLA The Family Medical Leave Act (FMLA) requires entities employing 50 or more employees for at least 20 workweeks in the year, to allow 12 weeks ...

It is common to hear people who have a disability wishing to contribute through some type of work. When you cannot work productively, your self-esteem can be affected, and depression is often the result. Because those living with disabilities feel they can no longer utilize their education, train...

There is a bill called the Employee and Retiree Access to Justice Act pending in both the House of Representatives and the Senate which could make ERISA much fairer. If you have a long-term disability benefit or disability policy, pension, retirement benefit, health insurance, or life insurance c...

When someone pushes through a difficult physical problem to continue to work, can that be used to punish them? Yes, if a long-term disability policy is involved. Many professionals in the workforce, lawyers included, insure themselves with a disability policy. Good policies insure the professiona...

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 “elimination period” means in your disability policy. The elimination period is the numbe...

We are commonly encouraged to do what we can to stay fit, but not everyone's weight is within their control. Today, we're highlighting a recent case which addressed the question: “Is lipedema liposuction covered by insurance?” What is Lipedema? Some people suffer from lipedema, a rare condition i...

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 “recurring disability” means in your disability policy. A recurring disability is a perio...

The United States Department of Labor's Office of the Solicitor uncovered rather extensive child labor violations by Paragon Contractors Corp. and owner Brian Jessop. More than 100 children under the age of 12 were employed during school hours to harvest pecans on a ranch in Utah. The Fair Labor ...

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 “schedule of benefits” means in your disability policy. The schedule of benefits is a hea...

We all know that texting while driving is a bad idea and has been the cause of countless accidents. But what about texting after an accident? Texting shortly after an accident might be very wise, especially when it serves as prompt notice of work-related injuries in writing to your employer. Poli...

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 “waiting period” means in your disability policy. The waiting period refers to the number...

The lawyers in our firm are focused on helping people with disability policies and ERISA claims. Today, we want to help you understand what the term “entire contract” or “legal contract” means in your disability policy. Most people think that the policy itself is the entire contract, but that is ...

We often discuss the bad conduct by insurance companies and plan administrators. But what if a beneficiary engages in bad conduct? Some bad conduct can be grounds for refusing to pay a claim. For example, if a husband murders his wife, is he still entitled to her life insurance benefits? That doe...

The long term disability lawyers in our firm are focused on helping people with disability policies and ERISA claims. Today we are launching this new video series intended to give you “the edge” in understanding your disability policy. We will post a new video each Thursday. Each video will be ab...