Arbitrary and capricious, also sometimes referred to as abuse of discretion, is the legal standard of review in many ERISA […]
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 […]
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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 […]
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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 […]
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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 […]
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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, […]
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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 […]
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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 […]
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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 […]
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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 […]
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