How Risky is De-Risking?
A term that became popular several years ago among sponsors of ERISA [1] -governed defined benefit plans is “de-risking,” although the issue is now more commonly described as pension risk transference (PRT). […]
Articles
Updates on the latest in benefits news and practical pointers for your benefits-related issues.
We Don’t Just Follow the Law. We Make It.
If you have had a disability or life insurance claim denied, you likely heard some version of this: “We have reviewed the file, and we have determined you are not entitled to benefits.” No matter how many medical records you have submitted or how legitimate your condition is, the denial can feel like a dead […]
Defending Your Professional and Executive Disability Coverage Against Unjustified Denials
As a professional, executive, or business owner, you have likely invested years and tremendous effort in building your career. Yet when a serious illness or injury forces you to stop working and you need to file a claim for disability benefits, you may discover that your insurer is far less cooperative than you anticipated. Whether […]
Should You Settle or Sue? Evaluating Your Best Path in Disability and ERISA Disputes
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”). [..]
How a Functional Capacity Evaluation Can Help Prove Your Disability
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 […]
The Supreme Court Brings Clarity to Pleading Standards in ERISA Fiduciary Breach Cases
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. […]
How to File a Winning ERISA Claim
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. […]
How to Successfully Challenge the Denial of an Accidental Death & Dismemberment (AD&D) Insurance claim
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. […]
Plan Administrators’ Impact on ERISA Disability Claims
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 […]
Keeping a Symptom Diary Can Improve Your Chances of Receiving Disability Benefits
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 […]
Disability Benefits for Postural Orthostatic Tachycardia Syndrome (POTS)
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”). […]
Return-to-Office Mandates and ERISA Disability Benefits: Navigating a Complex Legal Landscape
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 […]