Calendar ALL LTD Deadlines
Eleven Ways to Assure the Success of a Disability Claim, Understand ERISA, Avoid Long Term Disability Denials, and Beat Insurers Like UNUM Calendar the dates and deadlines contained in the summaryplan description.Dates and deadlines relating to long term disability denials and long term disabilityterminations for things such as the submission of medical information or in […]
Reviewing Your LTD Policy
Eleven Ways to Assure the Success of a Disability Claim, Understand ERISA, Avoid Long Term Disability Denials, and Beat Insurers Like UNUM Read and understand the summary plan description or policy for your long termdisability benefits.If the employer is the sponsor of a long term disability plan, or if the plan is “self-funded,” you have […]
ERISA Insurers Acting Badly
Eleven Ways to Assure the Success of a Disability Claim, Understand ERISA, Avoid Long Term Disability Denials, and Beat Insurers Like UNUM Many of the leading disability insurance companies have engaged in systematicstrategies to deny valid applications (“claims”) by policyholders for disability benefits,resulting in unfair long term disability terminations and denials. 1 Aided by a […]
ERISA Governed LTD Claims
Long Term Disability Denial and Long Term Disability Termination Basics Is Your Claim Subject To ERISA Law? If you have received a long term disability denial or a long term disability termination of yourbenefits, it is important to understand that the claim is likely subject to a federal law known asERISA. As applied to long […]
Ordorf v. Paul Revere Life Insurance Company, 404 F.3d 510 (1st Cir. 2005)
Ordorf v. Paul Revere Life Insurance Company, 404 F.3d 510 (1st Cir. 2005) When the Plaintiff Has the Burden To Present Proof in Support of Their Claim Plaintiff appealed the district court’s denial of benefits on de novo review of an ‘own occupation’ disability policy. He started benefits in 1995 for drug dependency but was […]
FMC Corporation v. Holliday, 498 U.S. 52 (1990)
FMC Corporation v. Holliday, 498 U.S. 52 (1990) The issue before the Court was whether a state law precluding subrogation (reimbursement) of health care benefits paid by health insurers of ERISA health benefit plans out of third party settlements applied to a self-insured plan. The Court held that ERISA preempted the application of the state […]
Why ERISA Insurers Are Working Against You
Why ERISA Insurers Are Working Against You The Insurance Industry System Is Never in Your Favor Individuals who become disabled and then run into insurance company resistance to paying benefits under their group plans often feel shock and disbelief. They may ask: “Why have I been paying premiums all this time only to have my valid claim […]
Reimbursement Rights in ERISA Plans
Reimbursement Rights in ERISA Plans Expanding on When ERISA Plans Offset Other Benefits In “ERISA Plans Offset Other Benefits” we explained how a claimant suing for disability benefits can end up losing and then owing money back to the insurer. In that example, the plaintiff sues seeking payment of their disability benefits and loses, and the ERISA […]
There is No Ordinary Discovery in ERISA Litigation
There is No Ordinary Discovery in ERISA Litigation The Upside-Down World of ERISA Disability Benefits The first thing to understand about the topsy-turvy world of ERISA disability benefits litigation is that the plaintiff has no right to take ordinary discovery after filing a complaint in federal district court. On its face, an ERISA disability case looks like […]
ERISA Plans Offset Other Benefits
ERISA Plans Offset Other Benefits When a Claimant May Unknowingly Cost Themselves More Than Anticipated Notice to Unweary Claimants ERISA plans offset other benefits, like SSDI benefits and workers’ compensation benefits, which can cause very unfortunate results for unweary claimants. An ERISA disability benefit plan is a contract, written by an insurer and chosen by an employer to offer […]
