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Does ERISA Contain a Statute of Limitations?

Posted September 20, 2022

If your employer-provided long-term disability insurance company denies your claim for monthly benefits following an administrative appeal, you have the right to sue the company in federal court. However, there may be a time limit within which you have to file this lawsuit. The rules in this area are governed by provisions called statutes of […]

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What Is Proof of Loss in ERISA Long-Term Disability Insurance Claims?

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Filing for monthly benefits from an employer-sponsored (ERISA) long-term disability insurance policy can often be a complex and difficult process. One of the first requirements you’ll face is the submission of “proof of loss” documents to your long-term disability insurer. As the name suggests, proof of loss is the information you provide to your insurance […]

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What Is an Adverse Benefit Determination Under ERISA?

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It’s not uncommon for long-term disability insurance companies to reject initial disability claims on employer-sponsored policies. There are countless reasons why an insurer might delay or deny your group disability claim; however, there are certain rules they must adhere to when they do. When you file for monthly benefits on an ERISA disability insurance plan […]

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Deadlines To Be Aware of When Filing an ERISA Claim

Posted September 16, 2022

If your long-term disability insurance coverage is a benefit you receive from your employer, it likely falls under the jurisdiction of the Employee Retirement Income Security Act of 1974 (ERISA). This highly complex body of federal legislation makes life very difficult for disability insurance claimants in a host of ways, including through its imposition of […]

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What Is a “Full & Fair Review” Under ERISA?

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The Employee Retirement Income Security Act of 1974 (ERISA) is a body of federal legislation that governs a wide range of employer-sponsored benefits for workers. This includes long-term disability insurance coverage you get as a perk of employment. There is a distinct appeals procedure when it comes to employer-provided long-term disability insurance plans (also known […]

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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)

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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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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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