Tag: #ERISAlawyer
Top 10 Most Confusing ERISA Terms
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
The Games Long-Term Disability Insurers Play: Unlimited Fouls
In basketball, certain physical contact with a player on the other team is deemed by the rules unfair and considered a foul. The penalty is free throw(s), or the ball is put in play again. Intentional fouls are used to
Kept in the Dark [Video]
Many employees are in the dark when it comes to what rights and benefits they have. But just because a benefit may have expired does not mean that they do not have a claim. Check out a recent decision which
How often do you represent a professional football player? [Video]
How often do you represent a professional football player? For someone who does ERISA work, not often. A few years ago, I had the privilege of representing one. He played football here at a state university for two years and
Offsets Are a Great Way to Save Money (for an Insurance Company)
In the world of long term disability insurance carriers, managers of claims departments are constantly looking for a way to make the company more profitable. One way is to push the boundaries regarding offsets written in the plan. What is
Are Your Retirement Benefits Slip-Sliding Away?
Mr. Earl Bryant, a retired VP of Human Resources for General Electric has recently learned a hard lesson from a federal court in Georgia. The Lesson? His former employer, which is the plan administrator, can state misleading information in a
News Flash! Courts Say Claimant Can’t Do a Job That Doesn’t Exist
A recent case, Popovich v. MetLife Ins., 2017 WL 6546920, Dec. 21, 2017, hot off the press from the Central District of California, reflects the common, impervious attitude of insurance carriers. They typically believe they have few limits on their
ERISA Can Sometimes Be a Wonderland
Alice in Wonderland – “I give myself very good advice, but I very seldom follow it.” In a recent ERISA case, Magistrate Judge David Baker explained that if an insurer uses a doctor to deny a claim, it has to
Watch Out! Keep Your Clients From Being Bitten by COBRA
Though not originally a part of ERISA, a significant later amendment was the COBRA notice requirement. While no employer is going to mistake this COBRA for a snake, many have been bitten by it nonetheless, with penalties of up to
Why You Should Challenge Your Short-Term Disability Benefit Denial
Short-term disability claims are denied just as often as long-term disability claims are, but they are more often left unchallenged. Many claimants decide that the process isn’t worth the amount of money that they would get. Short-term disability is typically