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“Normal Age-Related Findings” versus Spinal Herniation: A Common Disability Litigation Fight

Posted April 24, 2018

Helping Claimants Recognize Disability Insurers’ Tricks Can you guess what the most common disabling condition in the United States is? That’s right, musculoskeletal disabilities, including arthritis, back pain, and spinal degeneration. Almost 40 percent of the population suffers from some type of musculoskeletal injury. While these injuries don’t always disable the people they strike, they […]

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What Changes Will the Tenth Circuit’s Decision in Van Steen v. Life Insurance Company of North America Bring to ERISA Litigation?

Posted March 1, 2018

Like many cases brought under the legal provisions of the Employee Retirement Income Security Act (ERISA), Van Steen v. Life Insurance Company of North America (LINA) began when Mr. Van Steen’s long-term disability insurance company, LINA, wrongfully terminated his long-term disability benefits. The judges eventually agreed with Mr. Van Steen and reinstated his long-term disability […]

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DOL REGULATIONS ON GROUP DISABILITY CLAIMS TO BE DELAYED

Posted December 30, 2017

In September, we discussed changes in federal regulations that will revise how employer-sponsored disability plans will handle claims and appeals. These regulations, issued by the United States Department of Labor (DOL), apply to plans that fall under the Employee Retirement Income Security Act (ERISA). These changes – scheduled to take effect January 1, 2018 – […]

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Does Macy’s workplace wellness program violate ERISA?

Posted September 11, 2017

Wellness programs provide employees the opportunity to take proactive steps in improving health and well-being. These programs can be included in a health plan, or offered separately. Regardless of how the benefit is obtained, employees can use the platforms to increase their health and work productivity. However, employers must recognize that ongoing wellness program management […]

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How federal regulations will affect group disability claims in 2018

Posted September 7, 2017

The United States Department of Labor issued regulations that revise how employer-sponsored disability plans will handle claims and appeals. These regulations apply to plans that fall under the Employee Retirement Income Security Act (ERISA). These changes are scheduled to take effect January 1, 2018, meaning they will apply to disability claims or appeals filed on […]

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Insurance Companies Face Lawsuits Over Unscrupulous Practices

Posted August 21, 2017

Legal disputes sometimes arise from dissatisfied customers of large, high-profile insurance companies. For example, Blue Cross Blue Shield of Michigan recently experienced a number of unhappy clients who pursued legal recourse. Over the past week, the business additionally faced another round of lawsuits with accusations of violating the Employee Retirement Income Service Act (ERISA). A […]

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Employee Retirement Income Security Act: The basics

Posted January 13, 2017

In 1974, the U.S. passed the Employee Retirement Income Security Act in an effort to regulate retirement plans that employers offer to their workers. In addition, it provides provisions regarding other benefits, including disability insurance plans offered to employees through the company. It does not apply to privately purchased disability insurance packages outside of a […]

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New regulations for ERISA disability benefits

Posted January 4, 2017

While much of the country waits to see what will happen to their insurance under a new Republican White House and Congress that have pledged to end the Affordable Care Act, another system of health-related benefits is facing new, unrelated changes. Shortly before the change in administrations, the U.S. Department of Labor published new regulations […]

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Do you need to check your math on car insurance? – III

Posted December 10, 2016

All this week, our blog has been discussing the pitfalls of absentmindedness in relation to car insurance. Specifically, how consumers may be costing themselves hundreds of dollars per year by neglecting to pay any attention whatsoever to the actual amount of coverage for which they are paying or whether adjustments are in order. To that […]

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ERISA provides protections related to disability benefits plans

Posted November 25, 2016

Private employers’ retirement plans in California and elsewhere are regulated by the Employee Retirement Income Security Act of 1974. Although this law focuses mostly on retirement plans, it has provisions that affect disability insurance plans offered by private employers as well. Understanding the protections afforded by ERISA is important for protecting one’s rights. First, according […]

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