Claims involving disability benefits comprise a sizable portion, if not a majority, of cases litigated under the Employee Retirement Income Security Act (ERISA). [..]
On March 15, the U.S. Court of Appeals for the Fifth Circuit withdrew its prior opinion in Cloud v. Bert Bell/Pete Rozelle NFL Player Retirement Plan[1] and replaced it with a new opinion.[2] The outcome remained the same, however. […]
Many veterans have incurred service-related disabilities while serving their country. While wounds, injuries, and illnesses incurred while in uniform can be severe enough to lead to the servicemember’s discharge, in many instances, the toll of a service-connected condition may not manifest until years later and may either be the reason for a long-term disability insurance claim or a factor in such a claim. […]
Disabilities occur as the result of an accident or illness. When trauma results in disability, the date of disability can usually be related to the date when the employee suffered an accidental injury. Disability due to illness, especially chronic illness, is more complicated, though. Most employees struggle to remain employed for as long as they […]
Introduction The Employee Retirement Income Security Act of 1974 (ERISA) [1] directly impacts the lives of most Americans, yet few are familiar with ERISA despite its governance of pensions and retirement plans, along with other employer provided fringe benefits such as health, life, and disability insurance. There are only limited exceptions to ERISA’s scope – […]