When your ERISA claim is denied, and you have exhausted the internal administrative processes under your plan, you can turn to the court for relief. Usually, before a court can review the decision you seek to reverse, it must first establish the standard of review...
4 common myths about ERISA claims
When filing a claim under the Employee Retirement Income Security Act (ERISA), it is crucial to get everything right. Otherwise, you may hit a snag and miss out on disability benefits. Having the necessary information beforehand will help you navigate the process...
What is a sedentary occupation?
Most people think they know what defines a sedentary occupation. It's a job where the worker sits for most of the time that they are on the clock, with brief interludes of standing or walking. This can prompt insurance companies or courts to deny long-term disability...
Understanding an ERISA appeal process
Employee Retirement Income Security Act (ERISA) is a set of federal laws that are designed to protect employee benefits such as healthcare, retirement, stock and disability benefits. Basically, ERISA was founded to protect employees’ retirement plans and welfare...
Understanding “ERISA preemption”
The Employee Retirement Security Act of 1974 (ERISA) is a federal law enacted to protect health and disability insurance plans as well as retirement and pension plans and other benefits provided by employers from mismanagement or fraud. That means that in most cases,...
Proving an autoimmune disease when making a disability claim
Your immune system is in place to protect you. In most people, the immune system does its job as it should, and as a result, people continue to be healthy and fight off viruses and infections. However, for those with autoimmune diseases, their body is in overdrive....
What conditions lead to shortness of breath?
You spent years working for your employer, always striving to meet your goals and do an excellent job. Over the last year, though, the physical labor started getting more difficult. You were always out of breath. Eventually, it got so bad that you couldn’t even work...
4 things employees need to know about their ERISA benefits
The Employee Retirement Income Security Act (ERISA) is designed to protect your retirement assets. Without this, there could be a potential for fiduciaries to take advantage of plans, misusing or spending down funds. Every employee who has an ERISA-covered plan should...
How could you be denied disability benefits when you have cancer?
A cancer diagnosis is shocking for anybody, especially if their early symptoms are mild. Before you even have time to recover your emotional footing, however, you suddenly have to manage doctor visits, treatments and new medications -- all the while feeling like you...
Think you may need to file for disability? Ask yourself these 3 questions
You were smart: You invested in your employer’s long-term disability insurance option when you first started working, even though you were young and healthy at the time. You’re still young -- but not quite so healthy. You think it may be time to file for disability...
