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

Roy Robinson was a long-time worker for AT&T. The company began to downsize its workforce in 2020. As an inducement for volunteers, it created a “surplus” program. If one had 23 years or more of service, he would be eligible for benefits including severance pay, life, dental, health insurance, an...

Many servers love their jobs. They enjoy the opportunity to make better than minimum wage by providing excellent service, hoping that appreciative customers will respond with tips. However, when they are required to engage in tasks such as preparation work in opening or closing the restaurant or ...

The 11th Circuit in Gil v. Winn-Dixie Stores, Inc., 17-13467 (11th Cir. April 7, 2021), considered whether a website was a public place requiring accommodations for individuals with disabilities. Title III of the ADA, enacted in 1990, prohibits discrimination against individuals with disabilities...

In ERISA cases, insurance companies frequently construe terms to justify denying a claim. However, insurers run into problems when they use interpretations that are unreasonable. For example, in cases involving accidental bodily injury, Unum has taken the position that the actions which caused th...

Many employees are covered by life insurance through their employer. Many of those policies have policy terms allowing the policy to be converted so it can be retained at a cost to the individual after employment ends, or there may be a waiver of premium provision that allows the policy to contin...

This summer was reminiscent of the tagline from the summer box-office smash Jaws: “Just when you thought it was safe to go back in the water…” And, like the poor visitors to Amityville, we only thought it was. We thought we had escaped the jaws of COVID only to find its Delta variant rampant. Whi...

Most clients who have an ERISA claim are frustrated and angered when the insurance company will not pay their claim because it says they can work even though they cannot. They understand the insurance company has a right to proof. However, they are surprised when they learn that a doctor who has ...

Time limits are important in all types of employment claims and vary depending on the type of claim. For example, the Age Discrimination in Employment Act at 29 USC section 621 et seq., provides that a civil action cannot be filed until 60 days after a charge alleging unlawful discrimination has ...

What does your client do when the company officers have been telling them for years that their company was doing great and that they should keep investing in the ESOP, only to see their company file bankruptcy and their stocks become worthless? Stocks go up and down and can be risky; however, if ...

Does that title sound a little strange? A recent case tackled two issues that point to the strangeness of ERISA: jurisdictional law and a policy interpretation on earnings. It highlights a failed strategy to obtain some fairness. Messer v. The Lincoln National Life Insurance Co., 1:20-CV-00125-LY...

The recent case Leghorn v. Prudential Ins. Co. of Am., Civil Action No. 5:20-CV-217 (MTT) (M.D. Ga. June 23, 2021), provides another illustration of the importance of making the claim record as strong as possible during the claim process (and before proceeding to litigation) when handling an ERIS...

We have talked about the model employee benefits attorney, the model client, and the model long-term disability case from the claim process standpoint. This is part two of our discussion, where we address appeals, or reviews by the insurance company (or plan administrator) on an adverse decision ...

I. Introduction We attorneys occasionally think about what would happen if we died. We have life insurance in place and so there should be plenty of money to cover the needs of our loved ones and help the firm either windup or carry-on in our absence. But what if you didn't die – but rather you a...

Many ERISA plans have an enforceable limitation of action provision. These replace any applicable state law statute of limitations. Courts have enforced these provisions thus barring an action even when the time frame for filing suit was as short as 30 days. In Northlake Reg. M. C. v. Waffle H. S...

We have talked about the model employee benefits attorney and the model client, and now we are going to talk about the model case, but one particular kind of case – the long-term disability case. Watch this video for traits of the model long-term disability case. Know the Rules 1. The Notice of C...

Missed a claim deadline on a long-term disability claim, life insurance claim, or pension claim? All hope is not lost. A claimant may yet escape the fatal grasp of the deadline devil! One big concern with ERISA cases is the number of endless deadlines. Deadlines for providing notice of a claim, p...

Attorneys handling estate and probate matters are very familiar with Ala. Code § 43-8-253 which provides: “(c) A named beneficiary of a bond, life insurance policy, or other contractual arrangements who feloniously and intentionally kills the principal obligee or the person upon whose life the po...

Because ERISA law is different than other statutes and state law, the litigation may proceed differently. One matter that frequently arises, perhaps more so in ERISA litigation than some other types of litigation, is the request for a protective order and to allow documents to be filed under seal...

ERISA has a fee-shifting provision found at 29 U.S.C. § 1132(g)(1). It provides that “the court in its discretion may allow a reasonable attorney's fee and costs of action to either party.” Every time our firm files an ERISA action, we explain to the client that the court can award attorney's fee...

When fighting to receive long-term disability benefits, many people (including lawyers) are surprised to learn that a long-term disability claim is denied even though the Social Security Administration has made a determination of disability from any gainful occupation. Even worse, many times the ...

Our economy is in the throes of reopening after the COVID-induced shutdowns and restrictions. Much has been made of the resulting labor “shortage.” Deciding politically the cause is not a productive endeavor. But economics provide an indisputable answer. There is no shortage of people willing to ...

The final rule regarding restaurant tips is on its way despite being delayed. Currently, after April 30, 2021, an employer or manager who keeps employee tips may be in violation of the regulations interpreting the Fair Labor Standards Act (FLSA). The Department of Labor notes “The ‘Tip Regulation...

Many employers may require an employee to sign an arbitration clause as a condition of employment or as a condition for receiving benefits. Starbucks is one of those companies. Given that under ERISA a participant or beneficiary is not entitled to a jury trial, there usually is not a significant ...

We've talked about the model client. Now, let's discuss what the model employee benefits attorney should be. Watch today's video for 10 traits of the model attorney. 10 Traits of the Model Employee Benefits Attorney 1. The model employee benefits attorney is interested in the well-being of their ...

Those even rudimentarily familiar with ERISA understand that jury trials generally are not allowed. Why? Because ERISA is a statutory creature that makes no provision for jury determinations and by which the relief sought is most commonly equitable in nature. But a recent decision might reveal a ...