The ERISA statute, at 29 U.S.C. Sec. 1133, guarantees benefit claimants the right to a “full and fair review” of denied claims. To flesh out the meaning of what constitutes a full and fair review, the U.S. Department of Labor has issued a detailed set of regulations in 29 C.F.R. Sec. 2560.503-1 setting forth minimum standards plan administrators must meet. […]
You worked hard on your long term disability appeal. Hopefully, you followed our LTD claim appeal best practices when preparing your appeal. Maybe you followed our advice and hired an attorney to prepare the appeal for you. Now, the appeal is in the insurer’s hands. Despite your preparation, it is still possible for the appeal to go awry after it is submitted to the disability insurer. […]
Although the Federal Rules of Civil Procedure are to be applied uniformly in all civil actions,[1] which would encompass Employee Retirement Income Security Act benefit claims,[2] civil procedure in ERISA litigation often deviates from the norm.[…]
The ERISA statute and regulations include guidelines for timing of certain acts that employers need to perform, as well as deadlines for employees. […]
Although the Employee Retirement Income Security Act grants benefit claimants the right to bring a civil action to challenge benefit denials […]
If you file a disability claim, you will need to provide your insurer with sufficient proof of loss before any benefits are payable. Therefore, it is critical to understand what exactly proof of loss in a disability insurance claim to be sure that you get the disability benefits to which you are entitled. […]