A Montana federal court began a recent ruling by asking: “Who is the beneficiary of a lawsuit stemming from an ERISA employee’s misfortune? Is it the ERISA plan or is it the unfortunate employee?” The case, Rustad-Link v. Providence Health and Services and Unum Group Corp., 2018 WL 627560 (D. Mont., Jan. 30, 2018), involved […]
Qualifying for disability benefits often requires claimants to face many hurdles. An initial claim denial is not the end of the road, though. If you have group coverage, it is likely governed by ERISA, the Employee Retirement Income Security Act. One of the benefits of ERISA is that if a claim is denied, the claimant […]
The ERISA 1 law was enacted in 1974 by Congress to protect . . . participants in employee benefit plans and their beneficiaries, by requiring the disclosure and reporting to participants and beneficiaries of financial and other information with respect thereto, by establishing standards of conduct, responsibility, and obligation for fiduciaries of employee benefit plans, and by […]
Introduction The starting point to keep in mind when analyzing disability insurance claims handling is that both the insurer and the insured share a desire for accurate claims processing so that meritorious claims receive payment. The recent Supreme Court ruling in Metro.Life Ins.Co. v. Glenn 1 reinforced the need for accurate claims processing, 2 and no one who works in […]
Introduction Chairman Baucus; Ranking Member Grassley; Members of the Senate Finance Committee. Thank you for giving me the opportunity to testify at today’s hearing. When ERISA (Employee Retirement Income Security Act) was passed in 1974, one of the law’s major sponsors, Senator Jacob Javits, hailed it as “the greatest development in the life of the […]
A recently issued appellate court decision illustrates the complexity of ERISA preemption. Williby v. Aetna Life Ins. Co, 2017 WL 3482390 (9th Cir. August 15, 2017) involves the interplay between ERISA’s preemption provision and the savings and deemer clauses found in 29 U.S.C. § 1144.The underlying matter concerned a claim for short-term disability benefits under […]