Posted by Gregory Paul | Jun 01, 2017 |
As an Attorney representing individuals denied disability benefits and life insurance, the first step after receiving a denial letter is to request the claim file and all plan documents including the Summary Plan Description (SPD). The Plan must provide these documents within 30 days of a written request.
ERISA requires plan administrators to provide SPDs to beneficiaries. 29 U.S.C. § 1024(b)(1). An SPD must "reasonably apprise [plan] participants and beneficiaries of their rights and obligations under the plan" and must be "written in a manner calculated to be understood by the average plan participant." Id. § 1022(a). ERISA also mandates that plans "be established and maintained pursuant to a written instrument." Id. § 1102(a)(1)
Posted by Gregory Paul | Mar 20, 2017 |
After years of dedicated hard-work for a company, employees expect their employer to make good on their promises. For workers who have disability insurance as a benefit, this means receiving those benefits if the individual becomes sick or injured. Short-term and long-term disability insurance pr...
Posted by Gregory Paul | Mar 15, 2017 |
The Employee Retirement Income Security Act (ERISA) was first enacted in 1974. Since that time, the act has undergone a number of changes and amendments to help protect employees with private health and pension plans. This includes regulation of most private employer disability benefit regulation...
Posted by Gregory Paul | Feb 09, 2017 |
Everyone should have disability insurance. However, because of cost, availability, and lack of information, the majority of working-age Americans are not covered by disability insurance in the event they are unable to work because of an injury or illness. When employers step up and offer disabili...
Posted by Gregory Paul | Feb 01, 2017 |
When workers are unable to work due to a debilitating illness or disease, they may be left without a way to earn a living. For workers who have long-term disability insurance through their job, disability benefits will enable them to take care of themselves and their families during the time they...
Posted by Gregory Paul | Jan 31, 2017 |
ERISA protects employees with employer-provided disability benefit plans. As a federal law, ERISA preempts many state laws which relate to these plans, to prevent conflicting statutes. However, a recent federal case in Texas found that ERISA does not prohibit a state from regulating insurance con...
Posted by Gregory Paul | Jan 25, 2017 |
Few people ever think they will end up disabled before they get a chance to retire. However, the chances of becoming disabled are higher than most workers believe. For those employees who are fortunate enough to have disability benefits through their job, they may wonder how they could have possi...
Posted by Gregory Paul | Jan 19, 2017 |
When workers and their families are planning for the future, they may look to their employee benefits options. This includes retirement plan options for the day when the employee can retire. It may also include life insurance coverage just in case something goes wrong and they need to make sure t...
Posted by Gregory Paul | Jan 18, 2017 |
An Employee Stock Ownership Plan (ESOP) is a type of retirement plan that allows employees to take an ownership interest in their company by investing in employer securities. Most ESOPs fall under ERISA protections, which include fiduciary duty provisions. When the manager of an ESOP is not actin...
Posted by Gregory Paul | Jan 19, 2016 |
Welcome to the ERISA Disability Benefits Blog on the erisadisabilitybenefits.com website. The purpose of this website is to provide information about legal rights when denied long-term disability benefits from an insurance company. My name is Greg Paul and I am an attorney who saw the need for he...
