Blogs
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...
What to Look for When Purchasing a Bicycle Helmet
All bicycle helmets sold in the U.S. must meet standards set by the U.S. Consumer Products Safety Commission (CPSC). However, there are still certain types...
Do I Need to Read the Plan Document or the Summary Plan Description? What is the Difference?
When you receive coverage through a long-term disability benefits plan governed by ERISA, the plan administrator is required to provide you with a copy of...
Can I Get Long-Term Disability Benefits if I Receive Severance Pay From My Employer?
An employer is not required to provide severance benefits under the Fair Labor Standards Act, but many employers do offer severance packages to their employees...
Bicycle Equipment Safety and You
Bicycle accidents continue to be a source of serious and even fatal injuries across the state of California and in other states across the nation....
Surveillance Techniques Increasingly Used by Disability Insurers
A recent Bloomberg BNA article detailed how disability insurers are increasingly turning to social media and other surveillance methods to gather evidence showing that disability...