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 in Short Term and Long Term Disability claims. These investigations are designed to gather video or observational evidence that insurers may later use to question or deny benefits. If you have filed a Long Term Disability claim, it is important to understand how insurance company surveillance tactics work and [...]
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 [...]
'What does ERISA mean' is a common question that I am asked in client's first meeting. ERISA is an acronym for a federal statute referred to as the Employee Retirement Income Security Act. This name is somewhat misleading because it sounds as though it only relates to “retirement income,” in fact, the act governs your [...]
What happens if you're still on long term disability after two years is what we'll be speaking about in this post. 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 benefits are initially approved and you remain disabled, [...]
