Blogs
Children Injured in Bike Accidents Held to Lower Standard of Responsibility Than Adults
Many bike accidents that involve motor vehicles result in injuries to children. There are some significant differences in the responsibilities and duties of care regarding...
My Insurance Company Terminated my Long-Term Disability Benefits. What Can I Do?
It is not unusual for an insurance company that is paying long-term disability benefits to terminate benefits after a certain time period, whether there has...
What Type of Compensation Can I Receive if I Am Injured in a Bicycle Accident?
Over a seven-year period in California ranging from 2007 to 2013, the California Department of Public Health reported almost 1.7 million injuries stemming from bicycle...
How Offsets May Impact Your Long-Term Disability Benefits
Individuals who receive long-term disability benefits should be aware of offset provisions in their benefits plans that might drastically reduce the amount of disability benefits...
Appealing the Denial of Long-Term Disability Benefits: The Basics
When your employer-sponsored long-term-disability plan denies you benefits, you may be unaware of your rights under the Employee Retirement Security Income Act (ERISA), which is...
Tips for Staying Safe While Bicycling
While not every bicycle accident is preventable, there are some commonsense tips that bicyclists can follow in order to decease the chances of an accident...
How Have the New DOL Regulations Changed ERISA Disability Benefit Claims?
The U.S. Department of Labor (DOL) issued new regulations earlier this year for employee benefit plans offering short-term and long-term disability coverage that are governed...
Arbitrary and Capricious: Defining the Legal Standard for ERISA Long-Term Disability Claims
Arbitrary and capricious, also sometimes referred to as abuse of discretion, is the legal standard of review in many ERISA long-term disability claims. Under this...
Things to Avoid Telling Your Long-Term Disability Insurer
First, you should never underestimate or attempt to downplay your medical conditions. If your doctor has ordered that you refrain from lifting more than ten...
L.A. Faces Staggering Costs Stemming from Bicycle Lawsuits
A L.A. Times article from earlier this year details the high costs that the city of Los Angeles is seeing due to an increase in...
When Can an Insurer Remove an ERISA Long-Term Disability Case from State Court to Federal Court?
Both state and federal courts can hear claims related to ERISA-governed benefits plans. However, a state court must apply federal law in deciding the claim,...
What is a Discretionary Authority Provision in an ERISA-Governed Disability Plan?
Discretionary authority is a common provision in an ERISA-governed disability plan that essentially gives the insurance company administering the plan full and sole authority to...