ERISA
ERISA Rights of Applicants Who Have Been Denied Long-Term Disability Benefits
When workers apply for long-term disability benefits under their employer-sponsored LTD plans, the Employee Retirement Income Security Act or ERISA governs the application process, as...
How Keeping Medical Logs Can Help Prove Your Long-Term Disability Claims
One of the most effective ways to proactively plan for potential long-term disability claims is to keep personal medical logs of your medical treatment and...
Is Discovery Available in a Federal Court Suit on the Denial of Long-Term Disability Benefits?
ERISA governs most long-term disability insurance policies that you purchase or receive through your employer. As a result, administrative and court appeals of the denial...
What is the Difference Between Appealing Denials of Private Disability Benefits and ERISA-Governed Benefits?
Individuals may purchase private disability benefits policies, or their employers may offer disability insurance plans as a benefit of their employment. In most cases, employer-sponsored...
What Remedies Are Available to Me if I Win My ERISA-Governed LTD Appeal in Court?
When you are denied long-term disability benefits under an ERISA-governed plan, you have the right to appeal that denial of benefits. Before you can file...
What is the Difference Between the De Novo and Abuse of Discretion Standards of Review?
When you have exhausted your internal or administrative appeals for the denial of ERISA-governed long-term disability benefits through your insurance company, your next step for...
Changes in the Taxability of Attorney’s Fees
Recent changes in the tax code have increased the taxability of some lawsuit settlements. As a result, recipients could end up paying taxes on the...
What is the Self-Reported Symptoms Limitation in ERISA-Governed LTD Claims?
Some long-term disability insurance policies contain provisions that limit coverage if the claimants do not meet certain criteria. One example of such a provision is...
Are Forum Selection Clauses in ERISA Plan Documents Enforceable?
A forum selection clause is a provision in a contract or employee benefit plan that requires any litigation about the terms of the contract or...
Can I Get Attorney Fees Paid by My Insurance Company if I Win My Long-Term Disability Claim?
For long-term disability claims governed by the Employee Retirement Income Security Act of 1974 (ERISA), an award of attorney fees is a possibility if you...