Articles
Updates on the latest in benefits news and practical pointers for your benefits-related issues.
How to Request Your ERISA Plan Documents: A Step-by-Step Guide
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. […]
6th Circ. Ruling Highlights Complexity Of ERISA Preemption
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. […]
Disability Insurance Benefits for Neurodegenerative Diseases: Claimant’s Guide
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. […]
Texas Judges Ignored ERISA’s Core To Stall Fiduciary Rule
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. […]
Ensuring Life Insurance Continuation After Employment Ends: Employer Obligations and Employee Rights
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. […]
Physical, not Mental, Ailments Form Basis for Disability Claim
In cases brought under the Employee Retirement Income Security Act, the standard of judicial review applied by the district court is critical to the outcome of the litigation, and when the district court makes factual findings, courts of appeals review those findings under the clear error standard. […]
How Your Personnel File Can Help Your Disability Claim
Proving your entitlement to long term disability benefits often requires thinking outside the box. Medical records alone may not be enough. A frequently overlooked source of free evidence is your personnel file. […]
How Do Disability Insurers Define “Any Occupation?”
Most group disability insurance policies define “disability” as the inability of the insured to perform the duties of their regular occupation on account of sickness or injury. However, that standard typically applies only for the first 24 months the insured is eligible to receive benefits. […]
Disability Insurance for Peripheral Neuropathy & Carpal Tunnel Syndrome: Claimant’s Guide
Living with a pulmonary disorder can be challenging, not only due to the physical symptoms but also because of the potential financial impact if the condition prevents you from working. For patients with pulmonary disorders, disability insurance can provide crucial financial support. […]
Ignoring Request for Documents Can Be Costly for Health Insurer
Under the best of circumstances, plaintiffs face a difficult challenge when they seek to overturn health benefit claim denials. But recent developments in litigation involving health benefits — specifically benefits for mental health treatment — have sent a message to health insurers that they need to be more transparent in adjudicating claims. […]