Just over one year ago, the United States Court of Appeals for the Seventh Circuit issued a precedential decision that has a direct impact on disability cases subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). […]
If you have disability insurance coverage through your employer, it is probably governed by the Employee Retirement Income Security Act (ERISA), a federal law that regulates employee benefit plans. […]
The federal Employee Retirement Income Security Act (ERISA) [1] applies to most, but not all, employee benefits provided by private sector employers under a regime of very broad preemption that supersedes all state laws that relate to employee benefits.[2] While the scope of ERISA preemption is exceptionally broad, ERISA does not apply to plans offered […]
When filing a long-term disability (LTD) claim, success often depends on strong medical evidence. Among the most critical forms of proof is medical opinion evidence, which includes expert assessments from healthcare providers about your condition and limitations. […]
During its most recent term, the U.S. Supreme Court overturned a 40-year-old precedent that guided courts in addressing administrative agency interpretations of the laws they regulate. In Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc.,[1] the Supreme Court ruled in 1984 […]
Most disability insurance policies distinguish between disabilities that are due to medical conditions and those that result from behavioral health disorders. For the latter category, benefit payments are typically limited to a maximum of 24 months, while payments for disabilities resulting from medical conditions can continue until the claimant reaches Social Security retirement age. […]