A federal judge from the U.S. District Court for the Northern District of Texas issued in June a stinging indictment of the disability benefit plan that covers both active and former football players who become permanently and totally disabled due to injuries sustained during their professional football playing careers. […]
Fibromyalgia is a common yet often misunderstood medical condition that affects approximately four million Americans. Fibromyalgia can be particularly complex within the context of disability benefits. If you are unable to work due to fibromyalgia symptoms […]
Few doctors relish the task of completing disability paperwork. After a long day of treating patients, what physician wants to sit down and respond to a confusing questionnaire or a cryptic report? Worse yet is when the doctor’s words are misrepresented or taken out of context by the insurance company […]
Do claimants for Employee Retirement Income Security Act-governed disability benefits have to fully exhaust claim appeals before filing suit? […]
Navigating the disability benefit claim process can be overwhelming, and the challenges don’t necessarily end once your initial disability claim is approved. Understanding when and why an insurer can terminate your disability benefits can be confusing. Learning […]
When the term “self-funded” is used in relation to employer-sponsored benefit plans, the term usually refers to what are known as “welfare” benefits. ERISA does not use the term “welfare” to mean public assistance. Instead, the term relates to benefits provided for the employee’s welfare; and is defined by the statute to mean […]
ERISA, an acronym for the Employee Retirement Income Security Act of 1974,1 is one of the most important federal laws ever passed by Congress, but hardly anyone knows what it is or what it does. […]
A life insurance decision issued by the U.S. Court of Appeals for the Eighth Circuit may be summed up by quoting a single sentence from the opinion: “Misleading an [Employee Retirement Income Security Act]-plan participant has consequences.” Skelton v. Reliance Standard Life Insurance Co.[1] teaches how lax benefit enrollment practices can be costly. […]
Disability insurance companies base their claim decisions on the claimant’s medical restrictions and limitations. “Restrictions” are what some cannot do as determined by their doctor, while “limitations’ are what someone is limited in doing. In the absence of restrictions or limitations, there is no “disability” as defined by the policy […]
A recent ruling from the U.S. Court of Appeals for the Fourth Circuit made it clear that the Employee Retirement Income Security Act’s deferential review standard is not a rubber stamp of claim determination made by
benefit plans. […]
If your employer-sponsored long-term disability benefits have been denied, your first instinct may be to appeal right away, potentially without a lawyer, in the hopes that your benefits will be reinstated as quickly as possible. Your disability plan administrator may even try to deceive you into thinking it’s easy, by encouraging you to submit […]
ERISA is an acronym for the federal Employee Retirement Income Security Act of 1974. Most people have never heard of ERISA, but its comprehensiveness impacts the vast majority of American workers and their dependents. The original intent behind ERISA’s enactment was to remedy pension plan abuses; however, just prior to Congress’ passage of the ERISA law, the scope […]