Former football players who are not totally and permanently disabled may be entitled to a short term disability benefit known as NFL Line of Duty disability (or LOD) where a player incurs a “substantial disablement arising out of NFL football activities.” Pro football players face all manner of disabilities. Because of the complex nature of […]
What is ERISA and What Does it Have to Do with My LTD Claim? ERISA is a federal law that regulates the handling of Employee Benefit Plans. The term is an acronym for the Employee Retirement Income Security Act of 1974. By definition, ERISA covers practically all group disability, health, and retirement plans within private […]
Resolving Your Group Disability Claim Today’s video outlines the possible outcomes of a disability case under ERISA law. Resolving your group disability claim may encompass any of the following: Reaching a Settlement: Your insurance provider agrees to settle the case for a “settled on” amount of money. Moving for a Motion for Summary Judgment: You […]
In our video above, disability attorney Marc Whitehead discusses the importance of the administrative appeal in group disability claims.
Group insurance plans are governed by federal ERISA law. There are key differences between what you must do to prevail in a claim for group disability benefits under ERISA rules, versus the state contract laws that you would follow if your claim were filed under a private long term disability policy.
Long term disability insurance for employees is regulated by federal ERISA law. As shown in our video above, it is clear that ERISA denies due process in group disability claims – allowing insurers to deny you the benefits you deserve.
What exactly is “due process” as it applies to disability insurance benefits? Due process of law refers to the constitutional guarantee to all persons of fair treatment through the normal judicial system. It is a basic principle of fairness in legal matters, especially in the courts.
Has your group disability claim been denied? If so, you need to know that your claim is governed by the federal law known as ERISA. Not only does this limit your lawsuit causes of action; ERISA limits legal remedies in response to the insurance company’s violations.
In this video, disability attorney Marc Whitehead explains how LTD insurers will use ERISA law to their advantage to deny your disability claim. It is actually the lack of legal remedies available in ERISA-based cases that hurts claimants—and the insurance companies are fully prepared to capitalize on that.
The ban on discretionary clauses in long term disability insurance plans has been going on for years, with more states pushing for change.
In addition to Texas, many states have amended their state insurance codes to limit or ban the use of discretionary clauses in both individual disability and group disability insurance policies.
What awards can you expect in ERISA settlements or court decisions, if you appeal a long term disability denial and win against your insurance company? As the above video explains, the money coming to you is limited, because there are no compensatory or punitive damage remedies available in ERISA cases.
This is not implying that ERISA settlements or court decisions are paltry; indeed they can produce substantial monetary payments that mean the difference between living disabled in financial ruin or with a secure and stable future. But when compared to other types of court cases, ERISA-based claim awards are limited for insureds.
The topic of today’s video is ERISA preemption. ERISA stands for the Employee Retirement Income Security Act of 1974. It is the federal law that governs most group long term disability claims.
To preempt means to displace something. ERISA preemption means that in a dispute over a group disability claim, federal ERISA law displaces state law and commandeers the entire process. All state laws (that otherwise would play a role in insurance disputes) become void in an ERISA disability case.
This article explains the ways we help our clients win benefits in their ERISA-based disability claims.
In the video above, we explain how ERISA law makes gaining disability insurance benefits extremely difficult for claimants who are covered by employer-sponsored group insurance plans. But there are ways to get the benefits you deserve, even when your claim is denied.