Unlike individual life insurance, which requires rigorous underwriting to assess risk, group life insurance from employers does not require underwriting. Employers offering group life insurance allow new employees to enroll immediately without providing evidence of insurability (EOI). The reasoning is that a new employee is likely to be healthy, and the risk of adverse selection is low. […]
There have been several important recent developments in how courts are assessing health benefit claims brought under the Employee Retirement Income Security Act. In Dwyer v. United Healthcare Insurance Co.,[1] a case involving a claim for residential behavior health treatment for an eating disorder, the U.S. Court of Appeals for the Fifth Circuit on Sept. […]
While it is not completely impossible to simultaneously seek disability insurance benefits while also alleging disability discrimination, doing so is fraught with peril for the reasons discussed below. […]
Mental health disability claims are denied far more frequently than physical disability claims, creating serious challenges for individuals seeking benefits. In a recent interview on Main & Wall, disability benefits attorney Mark DeBofsky shared his thoughts on why this disparity exists and what can be done about it. Drawing from his expertise, including his appointment by Illinois […]
Defined benefit (DB) pension plans used to be the prevalent form of retirement benefit offered by American employers to their employees. […]