If your disability insurer has denied your appeal of their termination of benefits and you have exhausted your appeals under your disability policy, then you are entitled to file suit in federal court pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”). [..]
If you suffer from a medical condition that results in physical restrictions and limitations, a functional capacity evaluation () can measure your physical functional ability concerning your specific job duties and essential work functions. The evaluation should demonstrate the combined effect of all your symptoms […]
A major current focus of litigation brought under the Employee Retirement Income Security Act of 1974 (ERISA) has to do with excessive fees charged to participants in their employers’ 401(k) and 403(b) defined contribution plans. […]
If you have an employment-related benefit claim, ERISA likely applies to your claim. ERISA claims involve complex rules and strict deadlines that can be challenging and challenging to navigate. […]
A beloved member of your immediate family recently died suddenly in what you believe was an accident. You submitted an insurance claim to recover accidental death insurance and received a surprising denial letter citing one or more policy exclusions. […]
If your disability benefit claim is made under a plan sponsored by your employer, it is typically governed by the federal ERISA (Employee Retirement Income Security Act) law. In ERISA parlance, a “plan administrator” is the party that adjudicates benefit claims. For disability benefits, the plan administrator is typically the insurance company that issued the […]
To receive disability insurance benefits from an insurance company, it’s not enough to have a disabling diagnosis. Rather, insurance companies reviewing disability benefit claims require evidence (such as medical records, letters from doctors, and test results) to determine the validity and severity of the disabling condition […]
It can be difficult to secure disability benefits when you are unable to work. That is especially so when your inability to work is caused by Postural Orthostatic Tachycardia Syndrome (“POTS”). […]
The post-pandemic workplace has fundamentally shifted, with remote work becoming a permanent fixture for millions of employees. However, as companies increasingly implement return-to-office (RTO) mandates, a critical question emerges […]
The introduction of H.R. 3758, the Workers’ Disability Benefits Parity Act of 2025 a major milestone in advancing ERISA mental health disability parity and promoting equal treatment for mental health and substance use conditions in long-term disability (LTD) insurance. The bill builds on findings from the 2023 ERISA Advisory Council report titled Long-Term Disability Benefits and […]
Benefit plans governed by ERISA were designed to protect employees and their families during times of need. Yet when claims are denied, employees often find themselves navigating complex administrative appeals without adequate support or guidance… […]
Congress enacted the Employee Retirement Income Security Act (ERISA) law 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 providing for appropriate remedies, sanctions, and ready access to the Federal Courts. […]