Unlike individual life insurance, which requires rigorous underwriting to assess risk, group life insurance from employers does not require underwriting. Employers offering group life insurance allow new employees to enroll immediately without providing evidence of insurability (EOI). The reasoning is that a new employee is likely to be healthy, and the risk of adverse selection is low. […]
There have been several important recent developments in how courts are assessing health benefit claims brought under the Employee Retirement Income Security Act. In Dwyer v. United Healthcare Insurance Co.,[1] a case involving a claim for residential behavior health treatment for an eating disorder, the U.S. Court of Appeals for the Fifth Circuit on Sept. […]
While it is not completely impossible to simultaneously seek disability insurance benefits while also alleging disability discrimination, doing so is fraught with peril for the reasons discussed below. […]
Mental health disability claims are denied far more frequently than physical disability claims, creating serious challenges for individuals seeking benefits. In a recent interview on Main & Wall, disability benefits attorney Mark DeBofsky shared his thoughts on why this disparity exists and what can be done about it. Drawing from his expertise, including his appointment by Illinois […]
While there are many different medical conditions that can prevent an individual from working, one of the more significant reasons is their reduced ability to see. […]
Defined benefit (DB) pension plans used to be the prevalent form of retirement benefit offered by American employers to their employees. […]
The Employee Retirement Income Security Act (ERISA) was established in 1974 to protect employees’ rights to their benefits and provide transparency regarding their employee benefit plans. One of the key rights under ERISA is access to plan documents that outline the rules, benefits, and administration of your employer-sponsored retirement or health plan. […]
If you murder someone to collect their life insurance, are you barred from receiving the proceeds? That would seem to be a simple question, but it isn’t if the Employee Retirement Income Security Act is in the picture. […]
Neurodegenerative diseases, such as Alzheimer’s, Parkinson’s, and multiple sclerosis, can severely impact an individual’s ability to work. Neurodegenerative diseases make up a significant percentage of disability claims. […]
A New York Times article in May reported that in this year’s annual letter to investors, BlackRock Inc. Chair and CEO Larry Fink wrote that “the United States was facing a retirement crisis due in no small part to self-directed retirement financing.”[1] The New York Times article pointed to the shift from defined benefit to defined contribution retirement plans; i.e., 401(k) plans. […]
Many employees receive group life insurance coverage as a benefit of their employment. But what few employees understand is that life insurance coverage does not necessarily end when employment ends. […]