If you suffer a disabling injury or illness and are a government employee or participate in a defined benefit pension plan, such as through a union, you may be eligible for a disability retirement pension, as distinct from or in conjunction with disability insurance. Disability pensions provide monthly payments to workers who are not yet […]
It’s estimated that one in four people entering the workforce today will experience a disability lasting a year or more before they reach retirement age. Many of those impacted are eligible for Social Security disability benefits, but Social Security disability insurance has many limitations. First, it typically provides only 50% income […]
In our years of experience in representing claimants seeking long-term disability benefits, we have compiled a list of mistakes that claimants can make which can result in a benefit denial. We would like to share that list with others who may be contemplating the need to file a claim for disability benefits: 1. Waiting Too […]
What is the statute of limitations for filing a lawsuit in relation to benefit claim under the Employee Retirement Income Security Act? It’s a trick question because the ERISA statute does not prescribe a statute of limitations for claims seeking recovery of benefits under Section 502(a)(1)(B) of the act.[1] Consequently, in determining the […]
If you are suffering from depression and it is impacting your ability to work, you may qualify for disability benefits based on your condition. This article will discuss the principal issues to consider when filing a claim for disability benefits based on depression, and key considerations to keep in mind as you navigate the claim […]
What is an accidental death? Accidental death insurance is a form of life insurance that pays an indemnity in the event of an “accident” while life insurance is payable merely on account of the death of the insured. Oddly, most accidental death insurance policies do not include a definition of what is meant by an […]
Does the absence of a definitive diagnosis preclude an award of disability benefits? Courts have resoundingly answered that question in the negative, finding that a diagnosis is less important than findings relating to impairment.
What is full-time work? The issue is important because eligibility to receive critical benefits such as health and life insurance is dependent on the employee meeting certain active at work requirements in the applicable benefit plan. A recent ruling from a federal court in California focused on this issue and took […]
The availability of health insurance coverage for treatment of mental health conditions recently took a huge step forward with the entry of judgment by the U.S. District Court for the Northern District of California in Wit v. United Behavioral Health.[1] After the issuance of a ruling in 2019 finding United Behavioral Health, or UBH — a UnitedHealth Group […]
Employee Retirement Income Security Act civil procedure often departs in significant respects from the normal civil procedure utilized uniformly by federal courts in all civil actions in accordance with the Federal Rules of Civil Procedure. One aspect of ERISA civil procedure that is especially questionable despite its near-uniform acceptance by the federal judiciary is the […]
There has been a growing volume of litigation relating to disability benefit claims brought by former professional football players.
A recent example is the ruling issued by a federal court in California in Dimry v. Bert Bell/Pete Rozelle NFL Player Retirement Plan, 2020 WL 5526607 (N.D. Cal., Sept. 15). This ruling was the second time the court had to address Charles Dimry’s disability claim. The court had previously overturned a benefit denial (2018 WL 1258147 (N.D. Cal., March 12, 2018) and ordered the plan to reconsider its initial benefit denial; however, the plan reaffirmed its refusal to award benefits. In this decision, once again, the court found the denial was arbitrary and capricious.
Although it may be difficult, individuals with S&D can still obtain disability benefits with the right legal guidance.