ERISA
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...
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...
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...
Should I Hire a Long-Term Disability Lawyer Now . . . or Later?
When you need to make a claim for long-term disability benefits through your employer-sponsored long-term disability plan, you may assume that you will be able...
How Do Insurers Calculate Long-Term Disability Payments?
While long-term disability insurance policies may vary somewhat in their terms, long-term disability benefits available through an employer usually replace about 60% of your pre-disability...
What is a Functional Capacity Evaluation (FCE)?
A functional capacity evaluation (FCE) is a set of tests that measure an individual’s physical ability to function in different areas. Disability claims administrators often...
What is a Mental Limitation in a Long-Term Disability Plan?
Long-term disability claims based on mental illness are some of the most common types of claims. Nonetheless, it is quite common for long-term disability insurance...
Medical Evidence Necessary to Substantiate a Long-Term Disability Claim
The specific type of medical evidence that you need to substantiate a long-term disability claim will vary somewhat according to the nature of your disabling...
The Facts About Long-Term Disability Insurance Buy-Outs
Whether you have purchased a long-term disability policy directly from an insurance company or you have coverage under an ERISA-governed policy by your employer, you...
When Can I Present New Medical Evidence in Appealing a Denial of Long-Term Disability Benefits?
When you file a claim for long-term disability benefits from your employer-sponsored benefits plan, it may take some time before you receive a decision. Plans...