Four Challenges Consumers Face With Group Disability Policies and ERISA

Posted May 25, 2021

Basic disability monthly benefits are the same under most individual or group long-term disability insurance plans—that is, you should receive income-replacement payments if you are sick or injured and rendered either totally or partially disabled. Each individual or group long-term disability insurer will draft specific contractual language that will govern your claim. While it is great to […]

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Why You Must Meet ERISA Litigation Deadlines (part 2)

Posted May 4, 2021

We previously discussed the requirements and timeline for litigating an individual long-term disability (LTD) insurance or group ERISA claim. We know the basic prerequisites for filing, why you must not file too soon and how a disability lawyer can really help. Now we can review the statute of limitations on ERISA claims and the consequences […]

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Why You Shouldn’t File an ERISA Lawsuit Too Early (part 1)


Congress passed the Employee Retirement Income Security Act (ERISA) in 1974 to help regulate retirement plans that employers offer to their workers. It was a well-intentioned law that was expanded to cover health, disability, and other insurance plans. ERISA now sets minimum standards that your retirement and other insurance plans must meet to provide workers […]

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Tips to Help You Win Your ERISA Disability Appeal

Posted January 28, 2021

You expect that your insurance and retirement plans will be there to support you if and when disability strikes. Unfortunately, that’s not always the case. Nevertheless, you do have protection under the Employee Retirement Income Security Act (ERISA). ERISA sets minimum standards that your retirement and other insurance plans must meet to provide you with […]

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Three Tips For ER Technicians Filing Disability Claims

Posted July 30, 2020

ER Technicians have historically been in high demand due to many hospitals and healthcare providers reaching maximum capacity. This need has intensified amid the COVID-19 pandemic, and as previously discussed, ER Techs have consequently been at higher risk for disabling injuries and illness since their presence is required to support nurses and doctors. Should an […]

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LTD and ERISA Deadline Extensions You Should Know

Posted July 13, 2020

The COVID-19 pandemic has caused major disruptions for anyone filing short- and long-term disability claims. The Department of Labor (DOL) recognized just how impactful the pandemic has been on patients in the U.S. and acted on it by thankfully suspending many long-term disability deadlines. This is good news for anyone who filed a claim with […]

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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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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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DarrasLaw is Americas' most honored and decorated disability litigation firm in the country. Mr. Darras has seen more, evaluated more, litigated more, and resolved more individual and group long term disability and long-term care cases than any other lawyer in the United States.

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