The Employee Retirement Income Security Act of 1974 (ERISA) governs private sector employee benefits plans, including retirement, disability, and health plans. One of the key aspects of ERISA litigation is the question of venue — where participants or beneficiaries file their lawsuits when they believe their plan rights are violated. […]
Navigating a long-term disability (LTD) claim under an ERISA-governed plan can be challenging. Whether you’re preparing to file a claim, appealing a denial, or considering litigation, access to key information can make a significant difference in the outcome of your case. […]
Deciding disability benefit claims correctly can often pose a challenge for both claimants and insurers. Since disability is dependent on functional restrictions and not just on a diagnosis, determining a claimant’s level of functionality with respect to basic activities such as sitting, standing and walking can be difficult, especially when disability results from symptoms such as pain. […]
Just over one year ago, the United States Court of Appeals for the Seventh Circuit issued a precedential decision that has a direct impact on disability cases subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). […]
If you have disability insurance coverage through your employer, it is probably governed by the Employee Retirement Income Security Act (ERISA), a federal law that regulates employee benefit plans. […]
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. […]
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 […]