Category: ERISA
Red Flags to Watch on Retirement Claims
Whenever a downturn in financial investments occurs, and it continues for an extended time frame, you can rest assured that pension or retirement plans will be among those experiencing difficulties. When that occurs, pension plans look for ways to save
Equal Pay is the Law, But Does it Have Teeth?
Alabama Clarke-Figures Equal Pay Act at Ala. Code § 25-1-30 requires that an employer (inclusive of public employers) cannot pay persons performing the same work different rates of pay when they have the same skill, effort, education, experience, responsibility, and
If You Aren’t Exhausted, You Ruined Your Case
Usually, we shy away from doing things to the point of exhaustion. However, in some areas of the law, you have to exhaust all procedural processes, or the merits of your case will not matter. Employment law, including ERISA, is
Failure to Have the Plan May Be a Plan to Fail
“If You Fail to Plan, You Are Planning to Fail” — Benjamin Franklin. It may also be true with ERISA cases, especially subrogation and reimbursement claims, that “If you don’t have the plan, you have planned to fail.” Sure,
Does De Novo Review Really Matter with ERISA Disability?
More than a few times, I have explained the unfairness of discretionary clauses. On the other hand, the benefits of a de novo review are well entrenched in the 11th Circuit law. A recent case, Harris v. The Lincoln National Life Insurance Company,
What Does “other income” Mean In Your Disability Policy
I am David Martin with the Martin Law Group. We help people with disability policy claims and ERISA claims. This and other videos are posted to help you understand your policy. I post a new policy term every Thursday. Subscribe
What are “Pre-Disability Earnings?
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
What Are Independent Examinations?
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 let’s talk about what it
What Are Exclusions?
Today we are going to be discussing What are exclusions? Exclusions are circumstances, situations or certain disabilities which will not result in a payment of benefits. Many common exclusions in disability policies are disabilities that are related to war, armed
Stand Up for Justice
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