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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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When Does ERISA Not Apply to Employer-Sponsored Long-Term Disability Insurance?

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The Employee Retirement Income Security Act of 1974 (ERISA) is a collection of federal legislation that sets out rules and standards for a range of employer-provided benefits. The Act usually governs short- and long-term disability insurance policies companies provide to their workers. However, this isn’t always the case. Policies sponsored by certain types of organizations […]

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How Long-Term Disability Insurers Use Social Media Against You

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Statistics show there are now over 127 million Instagram users in the United States. The platform, which is owned by Facebook parent company Meta, invites members to document their lives through pictures and video footage. While this can be a great way of expressing yourself, it also presents risks in certain situations. If you’re filing […]

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Must Your Disability Be an Injury to Qualify for Long-Term Disability Insurance Benefits?

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According to the latest statistics from the Centers for Disease Control and Prevention (CDC), there are currently 61 million American adults living with a disability of some kind; that’s 26% of us. This figure includes 13.7% of people with mobility-related disabling conditions. However, it also encompasses the types of disabilities you might not automatically consider […]

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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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Are Long-Term Disability Insurance Benefits Taxable?

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Our clients often want to know whether the monthly benefits they’ll receive from an individually purchased or employer-sponsored group long-term disability insurance policy will be subject to federal or state tax liability. While there are certain guiding principles that play a role in answering this query, it’s best to get real tax help to be […]

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The Key Differences Between Employer-Sponsored and Individually Purchased Long-Term Disability Insurance

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There are two main types of long-term disability insurance; individually purchased and employer-sponsored. It’s important to be aware of the defining characteristics of each, as they have a major bearing on you as a policyholder and claimant. Your insurance policy’s status as either employer-sponsored or individually purchased will have implications in terms of cost, taxation, […]

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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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