If a disability, health or life insurance claim is denied, gathering information, staying within deadlines and communicating with all relevant parties to gather necessary information is essential in order to overturn the decision. When a dispute over any insurance benefits arises, being told “no” is not the final word. If the coverage at issue is […]
The subject of pre-emption under the Employee Retirement Income Security Act is challenging, as illustrated by multiple Supreme Court rulings that have attempted to address pre-emption issues. The general rule is that any state law which relates to employee benefit plans is pre-empted if the law conflicts with the administration of an ERISA claim. However, […]
Obtaining disability insurance is tricky. If you are purchasing coverage to supplement employer-supplied insurance or seeking insurance because you have no other coverage, there are a lot of variables to consider. It’s a sad fact, but many Americans give little thought to disability insurance coverage until it is needed. Understanding the following information will strengthen […]
Approximately 50 percent of Americans receive health insurance through their employer, making most of those plans subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). After passage of the Mental Health Parity and Addiction Equity Act of 2008 (“MHPAEA”), the majority of health plans that cover mental health treatment, including large employer- sponsored […]
A recent case out of New York’s District Court illustrates when ERISA governs owner benefit plans. The Employee Retirement Income Security Act of 1974 sets minimum standards for private retirement, pension and health plans. Yet ERISA is a complex law and it is not always clear whether ERISA applies to a particular benefit plan. ERISA exemption […]
SCOTUS will soon decide on whether ERISA trumps state health care database laws. For the first time in almost ten years, the Supreme Court of the United States (SCOTUS) has agreed to hear a case involving an Employee Retirement Income Security Act of 1973 (ERISA) claim. The case calls into question whether or not a […]