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

Identity theft continues to be a growing concern in the ever-expanding digital age. What happens if the insurance company paying disability benefits has a data breach? What rights do employees have? Because it happens with some frequency, it is first a good idea to make sure that the insurance co...

If Star Trek's Spoc was ever a lawyer he would say something like “Plead Well, Live Long, and Prosper.” If you have handled cases in federal court for a while, you know that simply notice pleading may not be enough to avoid a motion to dismiss. You are also likely familiar with complaints of peop...

Kayla Price doubles as our Intake Manager and a Case Manager here at The Martin Law Group. Any potential clients who contact our firm speak with Kayla, who obtains the basic information and documents needed, and then she arranges their appointment with one of our attorneys. Kayla's work helps our...

Katelyn Walker is one of our Case Managers here at the Martin Law Group. Katelyn has the pleasure of working directly with Senior Attorney Clay Williams. Katelyn helps in the investigation, evaluation, and advancement of his cases. Attention to detail is especially critical. A few of Katelyn's fa...

As an Intake/Client Relations Manager at the Martin Law Group, Noel Lee has the delightful opportunity to be one of the first individuals our clients make contact with. She is able to assist clients in getting the help they need by linking them up with our attorneys or referring them to other att...

Many of our clients want to know what is expected of them if they hire us to represent them in their ERISA or employee benefits claim. We also want our referral sources to know what is expected of your clients when you refer their cases to us. 10 Traits of the Model ERISA Client The model...

If a subrogation or reimbursement claim is asserted, first, proceed under the assumption that the Employee Retirement Income Security Act of 1975 (ERISA) governs the claim. If the benefit arises out of the workplace and if the employer endorsed the benefit plan (e.g. the employer pays for part...

In the land of ERISA – a very harsh and stark world – the ax may fall, and your client could lose both a job and benefits all at once. Cases like the one below reveal the necessity of involving experienced ERISA counsel early on and before the claim process is exhausted. Guidance during the claim...

Do you have an issue and aren't sure whether it is covered by ERISA? Are you concerned that ERISA might somehow come into play in a claim that you are evaluating, whether it's an employment matter, workers' compensation, or personal injury? Is it unclear what effect ERISA could have on the case t...

Despite the brutal and unfair power of the ERISA statute, teaming up with the bully to win your case does not ensure a win. Even bullies can lose (… remember David and Goliath?) In the Alabama case Nord v. Nord, a divorce proceeding, the husband was ordered to transfer $31,000 from his 401(k) acc...

Some folks struggle with chronic pain, pain which is regular, maybe even daily. When it becomes severe and frequent, it will mentally wear them down. While they can try to alleviate or lessen some of the pain with medication, often that has the effect of leaving them in a mental fog. It is a Catc...

Christmas is about gifts – giving and receiving. Big gifts and small gifts. Meaningful gifts and stocking stuffers. The gift of good food, holiday cheer, and Christmas bonuses. It's the challenge of finding that perfect gift for someone who has everything and of providing for those who have nothi...

Workers' compensation cases can be very hard on injured workers. Though many injuries result in the inability to perform light duty or any accommodated job, companies dispute liability. This can result in no income for an extended period. What is the worker to do while they undergo treatment and ...

In the recent case, Bayer v. Unum Life Insurance Company of America, et al., No. CV 18-9702, 2020 WL 2558218 (E.D. La. May 20, 2020), Judge Fallon addressed whether an insurance company could rely on the conclusions of its clinical consultants over the contrary opinions of the plaintiff's treatin...

ERISA cases are full of games – games plan administrators play to avoid liability. The latest example from the Middle District of Alabama involves the failure to give notice that the employee has been terminated (which means the employee no longer has health insurance). Grooms v. Asplundh Tree Ex...

The Martin Law Group is pleased to announce its recognition by U.S. News & World Report and Best Lawyers® “Best Law Firms” as a Tier 1 firm in Birmingham for Litigation – ERISA in 2021. Now in its 11th edition, the U.S. News & World Report and Best Lawyers “Best Law Firms” rankings are the result...

For the 2020 “Women in the Law” Business Edition, Best Lawyers named Martin Law Group Senior Attorney Ariel Blocker a Top Woman Attorney in Employee Benefits (ERISA) Law. According to data collected by Best Lawyers over the past five years, the legal industry is showing promising growth when it c...

Senior Attorney Clay Williams was recently appointed to serve on the Alabama State Bar's (ASB) newly-created Specialization & Certification Task Force by ASB President Bob Methvin. The Alabama Supreme Court passed rules regarding Specialization in 1994. Since that time, these rules have not been ...

This is something that many will ask given the hit that the market has taken as a result of COVID-19. But it goes beyond that. It is of critical importance to employees who are approaching retirement age and affects people of all ages. While many don't pay attention to their retirement account un...

Many attorneys and most clients are shocked when we tell them that ERISA does not allow for punitive damages and mental anguish damages, regardless of how bad the insurance company has acted; however, you can ask for attorneys' fees for having to take the case into litigation. These fees may only...

Today we're discussing how a recent case (Jones v. Aetna) shows the shady tactics used by health insurance companies to target out-of-network providers and physicians by denying or delaying payment of claims. Learn why, in our opinion, this is extortion. Watch today's video to find out more. Whet...

Given most personal injury cases are handled on a contingency fee basis, and that most clients badly need the money, there is a strong tendency for clients to rush through a release of their personal injury claims and not appreciate what is being released. Don't let your clients be trapped by a r...

This week's FAQuesday is “What do I do if the insurance company just won't make a timely decision?” Watch today's video to find out the answer. Whether you or your client needs advice before applying or appealing for ERISA benefits such as long term disability, short term disability, life insuran...

I wish I could tell employees who have long term disability, life insurance, pension, or health insurance benefits, that insurance companies honor their fiduciary duties and evaluate each claim fairly. But I can't. And, they don't. While it might be true that every now and then a claimant receive...

This week's FAQuesday is “Should I complete the medical authorization my long term disability insurer sent me?” Watch today's video to find out the answer. Whether you or your client needs advice before applying or appealing for ERISA benefits such as long term disability, short term disability, ...