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Recent Blog Posts

Life Insurance Interpleader

Picture of Life Insurance Policy

Disputes about who gets paid life insurance benefits can end up in court in a type of lawsuit called “Interpleader.” If you were served with lawsuit papers by a life insurance company in a dispute over life insurance benefits, it was likely that the insurance company sued you in a type of suit called an […]

Aetna Denied Attorney Fees From Plan Participant in ERISA Case

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Will the Insurance Company Make You Pay Them if They Beat You In Court? Attorney Fees Available, but Rarely Awarded to Disability Insurers Our clients often ask us if they will have to pay the disability insurance company’s attorney fees and costs if they file a lawsuit under their employer’s group disability plan, but the  […]

ERISA in the South – How Federal Courts Review Group Insurance Claims in Alabama, Florida, & Georgia

picutre of statute book showing the Employee Retirement Income Security Act

ERISA – The Employee Retirement Income Security Act ERISA – The Employee Benefits Law If you live in Alabama, Florida, or Georgia and participate in an employer-sponsored group disability plan, group life insurance plan, or other group benefits plan, there is a unique method that courts use to review appeals of denied group plan benefits.  […]

VA Must Consider Whether an Unemployable Veteran Can Perform “Marginal Employment” to Decide a TDIU Claim

picture of USA flag with silhouette of saluting veteran and word "TDIU"

Individual Unemployability – TDIU – Explained “TDIU” is an acronym for Total Disability Benefits due to Individual Unemployability Many disabled veterans do not realize that they may be entitled to 100% VA service connected compensation payments, even when VA rates their disabilities less than 100%.  Through an extraschedular rating called “Individual Unemployability,” often abbreviated “TDIU” […]

Illness, Not Injury, the Main Cause of Disability

Did you know that the #1 Reason for leaving the workforce early is health problems according to Employee Benefit Research Institute 2014 Retirement Confidence Survey underwritten by the Principal Financial Group.  Most studies show that a worker in the their 20’s has a 1 in 3 chance of being disabled for 90 days or more […]

Court: Prudential Delay Deciding Group Disability Insurance Appeal Violated Law

If you have disability insurance through your employer, the federal regulations that govern group employee benefits require your disability insurance company to adhere to stringent time requirements when you appeal a denied disability claim.  The disability insurance company has 45 days to decide the appeal.  Although they can get one 45 day extension (for a […]

Denied Benefits Under Your Employer’s Group Insurance Plan? You Must Appeal Before Filing Suit.

picture of insurance claim form with rejected stamp on it

Claims under employer group insurance plans must be appealed before filing suit. If you apply for insurance benefits through an employer sponsored plan, there are federal regulations which govern the claim process.  Federal law applies because employer sponsored plans are covered under ERISA – the Employee Retirement Income Security Act.  One of the most important […]

Disability Denied? They Say You Can do Sedentary Work… What Is Sedentary Work?

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Does “Sedentary Work” just mean sitting in a chair? The disability denial letter said that your claim was denied, because they decided you could do “sedentary work.”  What does that mean?  A sitting job? “You Can Do Sedentary Work” – A Boilerplate Denial Phrase in LTD, SSD, and VA Disability Claims Perhaps the most common […]

In Bipartisan Vote, House Passes VA Accountability, Appeals Reform

Logo of U.S. Department of Veterans Affairs

Sep 14, 2016 Press Release from the House Committee on Veterans Affairs Today the U.S. House of Representatives passed H.R. 5620, the VA Accountability First and Appeals Modernization Act of 2016, by a bipartisan vote of 310-116 that included the support of 69 Democrats. The bill would: Shorten the firing/demotion/appeals process for rank-and-file VA employees […]


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