Benefits Ruling Shows Need For Revised ERISA Procedure
Although the Employee Retirement Income Security Act grants benefit claimants the right to bring a civil action to challenge benefit denials […]
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Updates on the latest in benefits news and practical pointers for your benefits-related issues.
Common Mistakes When Appealing a Denial of Long Term Disability Benefits
After making the difficult decision to cease working due to significant medical impairments, you decided to submit a claim for long-term disability (“LTD”) benefits through your employer-sponsored disability insurer. However, your insurer sent you a letter indicating that it has denied your application […]
What is ‘Proof of Loss’ and Why Is it Important for My Disability Claim?
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. […]
How to Defeat a Pre-Existing Condition Exclusion Denial
Many disability insurance claimants mistakenly believe that the provisions of the Affordable Care Act (ACA or Obamacare), which prohibits insurance companies from excluding coverage based on pre-existing conditions, is applicable to disability insurance. […]
ERISA Ruling Reinforces Claimant Right To Know Denial Basis
One of the unique aspects of litigation under the Employee Retirement Income Security Act is that most courts limit the scope of their review to the claim record compiled during the course of the claim and prelitigation appeals and will not address new evidence that was not previously considered. […]
What You Need to Tell Your Doctor After You File Your Disability Insurance Claim
An essential part of filing your disability insurance claim is the “attending physician statement” or “APS.” The APS is a form designed by the insurance company that your doctor needs to complete in order for you to receive benefits […]
Congress Must Ban Discretionary Clauses in ERISA Plans
A recent Law360 guest article argued that discretionary clauses in employee benefit plans governed by the Employee Retirement Income Security Act serve a valuable function, and that if efforts to prohibit their inclusion are successful, the statute would be undermined […]
What Do I Need From My Doctor to File for Disability Benefits?
If your plan is to file for disability benefits through your employer, there are a number of steps you must take to make sure that you provide your disability insurer with proof sufficient to demonstrate your inability to work. One of those steps is to obtain […]
What to Look for When Purchasing Individual Disability Insurance
Most people’s income and future earnings potential is their most valuable asset. Disability insurance protects your income if you become disabled and can no longer work. Even if you are perfectly healthy today, you never know […]
What Are Witness Statements and Why Are They Important for Your Disability Claim Appeal?
Dealing with a long-term illness or sudden disability while appealing a denial of disability benefits can be incredibly stressful. That is why it is important to include all relevant information in the appeal in order to have the best chance […]
What Personal Injury Lawyers Need to Know About ERISA Liens
Personal injury lawyers are frequently faced with lien claims against their clients’ recoveries brought by health insurers, union welfare funds, and other health benefit plans. Those plans fall within ERISA’s scope as “welfare plans” which are defined […]
9th Circ. Accidental Death Ruling Raises Critical ERISA Issue
What is an accident? When it comes to accidental death insurance, that question is often difficult to answer. However, the U.S. Court of Appeals for the Ninth Circuit offered its thoughts on the question in Wolf v. Life Insurance Co. of North America […]