ERISA Preempts State Law
ERISA Preempts State Law Understanding Why ERISA Preempts State Law An Embarrassing Situation for a Lawyer There are very few things as embarrassing for a lawyer as being at the wrong court. This is certainly true if it is 8:50 a.m. and you are wondering why your case is not on the list at the courthouse you drove to automatically while […]
Courts Typically on Review ERISA Denials for an Abuse of Discretion
Courts Typically on Review ERISA Denials for an Abuse of Discretion A Hypothetical Scenario… A potential client comes to your office and she says, “I was working for a large corporation that offered me a disability benefit plan. I have been paying for that plan for 15 years, and a few months ago I was diagnosed […]
Submit or Die: ERISA Appeals Must Be Submitted within 180 Days
Submit or Die: ERISA Appeals Must Be Submitted within 180 Days The Unforgiving Nature of ERISA Appeals The Clock Starts… Now! The ERISA claims process is about as forgiving as a cement floor. A person who is denied benefits after an initial application will receive a notice of denial explaining that they have 180 days to appeal […]
ERISA and Social Security
ERISA and Social Security What You’ll Need To Know When It Comes to Social Security Benefits & ERISA Benefits Administrators Must Consider Most group long term disability plans require claimants to apply for social security disability benefits. In fact, administrators often offer to assist claimants by referring them to a company that will represent them. […]
Gross v. Sun Life, 320 F.Sup.3d 240 (D.Mass. 2018)
Gross v. Sun Life, 320 F.Sup.3d 240 (D.Mass. 2018) When the Courts Deem Attorney’s Fees As Excessive Gross v. Sun Life, 320 F.Sup.3d 240 (D.Mass. 2018) Decision on Plaintiff’s motion for interest, attorneys’ fees and costs after Plaintiff prevailed in an appeal to the first circuit. Prejudgment interest was set at 12%, which is the […]
Advocate Health Care Network v. Stapleton, 137 S.Ct. 1652 (2017)
Advocate Health Care Network v. Stapleton, 137 S.Ct. 1652 (2017) What Constitutes a Non-Profit in a Court of Law and What Is Their Responsibility for Employee Benefits Advocate Health Care Network v. Stapleton, 137 S.Ct. 1652 (2017) A number of church-affiliated non-profit hospitals were sued by their employees claiming that the hospitals do not fall […]
Kamerer v. UNUM, 2018 WL 4539693 (D.Mass.)
Kamerer v. UNUM, 2018 WL 4539693 (D.Mass.) What Constitutes Being Legally Disabled in a Court of Law Plaintiff’s summary judgment granted and benefits reinstated on a de novo review where she had been receiving benefits from 2004 to 2013 for fibromyalgia with secondary depression where an early arthritis specialist wrote that her depression could be […]
Firestone Rubber Co. v. Bruch, 489 U.S. 101 (1989)
Firestone Rubber Co. v. Bruch, 489 U.S. 101 (1989) Disputing Employee Benefits Eligibility Due to Company Restructuring and Liquidation Firestone Tire and Rubber Co. v. Bruch, 489 U.S. 101 (1989) Firestone sold five plants to Occidental. Most of the employees were rehired by Occidental. Firestone had a termination pay plan, a retirement plan and a […]
Weddle v. LINA, 2018 WL 2376358
Weddle v. LINA, 2018 WL 2376358 Disputing Emotional Distress Claim from Termination of Benefits The Plaintiff whose benefits were terminated after the insurer scheduled a number of IMEs when Plaintiff could not attend, including one when she was visiting her dying father, included a state law claim for intentional infliction of emotional distress along with her claim […]
Ovist v. Unum, 2018 WL 3853739 (D.Mass.)
Ovist v. Unum, 2018 WL 3853739 (D.Mass.) A court may transfer a case to another venue (another court) where a case may have been brought, upon a motion by the party wanting the transfer, but the moving party must show that considerations of convenience and judicial efficiency “strongly favor” the transfer. Here Magistrate Judge Hennessy recommended denying […]
