Benefits Ruling Shows Need For Revised ERISA Procedure
Although the Employee Retirement Income Security Act grants benefit claimants the right to bring a civil action to challenge benefit denials […]
Author: Mark Debofsky
How to Defeat a Pre-Existing Condition Exclusion Denial
Many disability insurance claimants mistakenly believe that the provisions of the Affordable Care Act (ACA or Obamacare), which prohibits insurance companies from excluding coverage based on pre-existing conditions, is applicable to disability insurance. […]
ERISA Ruling Reinforces Claimant Right To Know Denial Basis
One of the unique aspects of litigation under the Employee Retirement Income Security Act is that most courts limit the scope of their review to the claim record compiled during the course of the claim and prelitigation appeals and will not address new evidence that was not previously considered. […]
What You Need to Tell Your Doctor After You File Your Disability Insurance Claim
An essential part of filing your disability insurance claim is the “attending physician statement” or “APS.” The APS is a form designed by the insurance company that your doctor needs to complete in order for you to receive benefits […]
Congress Must Ban Discretionary Clauses in ERISA Plans
A recent Law360 guest article argued that discretionary clauses in employee benefit plans governed by the Employee Retirement Income Security Act serve a valuable function, and that if efforts to prohibit their inclusion are successful, the statute would be undermined […]