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 […]
Athletes and entertainers often seek protection against career-ending injuries or illnesses. Similarly, high earners frequently turn to Lloyd’s of London disability insurance to supplement their existing coverage. Lloyd’s caters to high-income professionals requiring supplemental or specialty coverage. However, Lloyd’s disability coverage differs significantly from products offered by major insurers like Unum, MassMutual, and Guardian. Understanding the unique challenges […]
Idiopathic hypersomnia (IH) is a chronic neurological sleep disorders characterized by excessive daytime sleepiness, unrefreshing sleep, and cognitive difficulties. While it is often misunderstood and not always recognized as a disabling condition, its severe symptoms can significantly impair a person’s ability to work and perform daily activities. […]
When filing a disability insurance claim, many people focus on physical limitations such as difficulty lifting, walking, or standing. But other impairments, like cognitive, emotional, or sensory challenges, can also prevent someone from working. These are called non-exertional limitations. Non-exertional limitations refer to restrictions that affect a person’s ability to work in ways unrelated to […]
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. […]
Courts face a challenging task when deciding disability benefit cases. That task is even harder with disability benefit cases brought under the ERISA law (Employee Retirement Income Security Act — 29 U.S.C. Sec. 1001, et seq.) where trials are rare. […]
There are many reasons a disability claim may be denied, and no two cases are identical. However, the following are some common reasons that disability claims are denied, based on our experience […]
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 […]
When an employee experiences a medical condition that requires time away from work, short-term disability (STD) insurance can provide critical financial support. […]
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. […]
When someone files a disability insurance claim, his or her ability to continue working is the crux of the matter. Disability insurance provides financial support when illness or injury prevents someone from performing his or her job. […]
Insomnia can be more than just an occasional sleepless night—it can become a debilitating condition that interferes with your ability to work and live fully. When insomnia prevents you from performing your job, qualifying for disability benefits might seem like a solution, but the process can be challenging. […]