One topic which has weighed on my mind recently is that of Insurance Company contact with my client’s Health Care Providers. Too often this is handled in a fashion designed to discount or even change the clear opinions of your doctors regarding their medical findings and related physical restrictions. Let me identify some of the [...]
Beware the claims representative who is your buddy is the guy who holds himself out as your friend. He will tell you everything is fine and not to worry. The claims representative will appear helpful and, at least at first, may be so. Please do not be drawn in. Do not tell personal information which [...]
Exhaustion of administrative remedies is one quirk of claims governed by ERISA is the requirement that “administrative remedies” be exhausted prior to the filing of a lawsuit to enforce rights to the claimed benefit entitlement. “Quirk” is a polite term because the exhaustion of administrative remedies requirement is, quite frankly, another one of the numerous [...]
Does an overpayment occur in a disability claim? It is unfortunate that so many people do not realize that the disability insurance company is allowed to offset benefits you receive from other sources, thereby dramatically reducing or even, in some cases, eliminating the benefit claim entitlement. Just about every person who comes to me is [...]
Insurance company communications are very important and it is important that all communications with representatives of the Insurance Company are handled in a very precise manner. The first subject in Insurance Company Communications is written communications. I do not want to suggest the letters you send the insurance company to end up in the trash [...]
Social security reimbursement agreement is of the many documents which an Insurance Company may submit to you in connection with the commencement of either your claim or the later payment of benefits. One typically entitled “Social Security Reimbursement Agreement,” or words to that effect. Many inquiries have been received about whether this document should be [...]
Today we are sharing the starting point for ERISA. The Employee Retirement Income Security Act (”ERISA”), found at 29 U.S.C. §1001, et seq., was originally passed by Congress in 1974. Despite its name, it is, at best, only cold comfort for the employee who has a claim for any employer-provided benefits governed by the statute. [...]
Insurance Companies routinely use surveillance investigators to tail and videotape the activities of claimants. About the only thing which is off limits is filming activities inside the home. My advice to my clients is to live your life as if the insurance company has someone watching you at all times. This is not intended as [...]
If you are seeking ERISA Related Benefits, we will share when to ask for legal advice. Of course, from the onset of the claim would be best but early representation is not always necessary. However, it is most important for representation to be secured as soon as ERISA related benefits have been denied. This is [...]
Benefit limitations and how to handle them. In the typical claim for Long Term Disability benefits governed by the federal statute commonly referred to as ERISA (Employee Retirement Income Security Act), if benefit limitations are initially approved and you remain disabled, the next important point in your claim will come, typically, after receipt of benefits [...]
