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Tag Archives: erisa

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

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

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?

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 […]

SCOTUS to Decide Whether Hospitals Affiliated with Religions Exempt from ERISA

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 […]

Lower Court Uses Wrong ERISA Standard – Appeals Court Reverses and Orders De Novo Review

Think of ERISA Standards of Review like colored lenses – which color the Judge has to use changes how the court must view the facts. When someone is denied benefits under an employer’s group insurance plan, a court that reviews that decision has to decide which standard of review it has to apply to the […]

VIDEO: How Long Can the Long Term Disability Insurance Company Take To Decide an LTD Claim?

One of the most common question our clients ask is: “How long can the Long Term Disability insurance company take to decide my claim?”  If your LTD coverage is through your employer’s disability plan, a federal law called ERISA spells out time the deadlines for the insurance company.  Watch this video to learn more: If […]

Aetna Denied Attorney Fees From Plan Participant in ERISA Case

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

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.  […]

California ERISA Claim: Another ERISA Administrator Loses on Discretion

Why is discretionary language important? Disability insurance companies that administer employer group disability ERISA plans will not give up fighting about discretionary language in California.  Why?  If they can keep the concept of discretion in ERISA claims, it makes it much easier for them to get away with denying benefits or cutting off disability claims.  […]

Employer Group Benefits: Can the employer make another state’s law apply?

ERISA – The Employee Retirement Income Security Act When you buy insurance through an employer’s group plan, a federal law called ERISA applies.  ERISA is the acronym for the Employee Retirement Income Security Act, a federal law passed in 1974 to encourage employers to provide insurance and pension, and to protect those benefits for workers.  […]

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