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Recent Blog Posts

Group Plan Can Still be an ERISA Plan Even When Employees Pay the Full Premium for Insurance

picture of Statute Book - Pages from ERISA, the Employee Retirement Income Security Act

A common question our clients often ask is whether the Employee Retirement Income Security Act – ERISA – applies to employer group insurance plans where the employees pay 100% of the premium.  ERISA is the federal employee benefit law that applies to pension and insurance benefits offered by private (non-government or church) employers.  It governs […]

VIDEO: Veterans – Why You Need A Vocational Expert For Your VA Individual Unemployability Claim

Picture of U.S. Department of Veterans Affairs Building at 810 Vermont Ave. N.W., Washington, D.C.

Are you a veteran that cannot work because of your VA service-connected disabilities (or conditions that should be service-connected)?  You should consider filing a claim for Total Disability Based on Individual Unemployability (TDIU) and hiring a vocational expert to support your claim.  TDIU is a way to get paid at the 100% level, even if […]

VA Individual Unemployability: Submitting Social Security Disability Award to VA Raises Issue of TDIU

USA Flag with text TDIU for Veterans - Total Disability Due to Individual Unemployability

TDIU = Total Disability Based Upon Individual Unemployability Veterans may apply for a 100% rating if they are unable to work due to their VA service connected disabilities.  This extraschedular benefit is called Total Disability Based upon Individual Unemployability or “TDIU.”  Often veterans who might be entitled to TDIU apply for Social Security Disability benefits, […]

How Do Education and Work History Factor Into a VA Claim for Individual Unemployability?

Picture of U.S. Department of Veterans Affairs Building at 810 Vermont Ave. N.W., Washington, D.C.

TDIU = Total Disability Based Upon Individual Unemployability VA’s regulation that allows veterans to be paid Total Disability due to Individual Unemployability (often abbreviated TDIU), 38 C.F.R. §4.16 requires VA to consider a veteran’s education and past work history.  Among other things, the VA has to factor in the veteran’s “employment history, educational and vocational attainment.” […]

VIDEO: 3 Reasons Not to File Your Own Long Term Disability Appeal

Picture of Gavel on top of $100 bill

Have your Long Term Disability benefits under your employer’s Group Disability Plan been denied?  These plans are covered by a unique federal law called ERISA (the Employee Retirement Income Security Act) that governs employee benefits.  Listen to the following video as ERISA Disability Attorney John V. Tucker explains three reasons why you should not file […]

ERISA Preemption: What is it?

picutre of statute book showing the Employee Retirement Income Security Act

ERISA – The Employee Retirement Income Security Act When someone files a lawsuit on a Disability Insurance or Life insurance claim that was denied, the law that governs their case depends on how they bought their insurance.  If they bought the insurance on their own from a private insurance agent, state insurance law applies to […]

Veterans Court: All Symptoms of Vet’s PTSD Claim Must Be Considered and Discussed by VA

Emblem of the U.S. Court of Appeals for Veterans Claims

In Sanders v. Snyder, a recent case before the Court of Appeals for Veterans Claims (the Veterans Court), veteran James Sanders – a Vietnam era veteran who received a Purple Heart and a Bronze Star – was appealing the 50% rating VA had assigned to his PTSD claim.  The central issue in the case was […]

Veterans Court: VA Errors Cause More Delays – TDIU Claim Remanded to Board When VA Decision Not Kept in File

Picture of Court of Appeals for Veterans Claims Logo with Gavel

In a recent case before the Court of Appeals for Veterans Claims (the Veterans Court), missing documents in a claim for Total Disability Based on Individual Unemployability (TDIU) became the major issue.  James Sanders, a Vietnam era veteran who had been awarded both a Purple Heart and a Bronze Star, received VA ratings for PTSD […]

SCOTUS to Decide Whether Hospitals Affiliated with Religions Exempt from ERISA

Picture of Christian Hospital

Are benefit plans offered to employees of hospitals affiliated with churches exempt from ERISA? The federal law that governs employee benefits – the Employee Retirement Income Security Act (“ERISA” for short) does not apply to employers that are religions.  So, are benefits offered by Christian-affiliated hospitals offered to their administrative and medical staff covered?  Using […]

VIDEO: Learn How Disability Insurance Companies Cut You Off Without Ever Sending to You to Their Doctor for An Exam

picture of insurance claim form with rejected stamp on it

If you have been dealing with a Long Term Disability (LTD) Insurance company or ERISA Disability Plan Administrator, you need to beware that they may try to cut you off without a medical examination.  Some people think the Disability Insurer has to send you to a so-called “independent medical examination,” but that is not the […]

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