The Ugly Truth About ERISA Plans And Contractual Limitations Period

When Does The Meter Run On Your ERISA Disability Claim? In Heimeshoff v. Hartford Life and Accident Insurance Company, U.S.#12-729(December 16, 2013) the United State Supreme Court found that “absent the controlling statute to the contrary a participant and a plan may agree by contract for particular limitations., even when it starts to run before the cause of action approves, as long as the period is reasonable.” That is bad news for an ERISA policy holder whose claim has been denied. The Contractual Limitations In An ERISA Disability Plan The Hartford Life and Accident Plan in the Heimeshoff case included a provision that...

27 March

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What Every Disability Policy Holder Needs To Know About an ERISA Disability Plan

Posted by Nancy Cavey

in ERISA

[vc_row triangle_shape="no"][vc_column][vc_column_text]You may have purchased your disability policy through your employer and , if so, you need to understand the basics of an ERISA Plan. ERISA stands for the Employer Retirement Income Act. The ERISA statute was enacted in 1974 as a result of the Jimmy Hoffa pension scandals. ERISA was designed to provide and protect employee pensions and other employee benefits such as group health, disability and life insurance. An employer is not required to have any type of benefit plan. It’s a voluntary act by the employer or sponsor. A plan can be amended, changed or even terminated at any...

14 March

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You Don’t Want to Hire an Inexperienced Attorney to Represent you in Your ERISA Claim

Posted by Nancy Cavey

in ERISA

[vc_row triangle_shape="no"][vc_column][vc_column_text]Did you know that, for the most part, benefits that you receive from work are governed by a Federal Statute known as the Employee Retirement Income Security Act of 1974 of ERISA. Employee benefits, which could include life, health, retirement and disability benefits are governed by ERISA. Unfortunately, many garden variety lawyers don’t understand the difference between an ERISA claim and a State law breach of contract claim. There’s a misconception among the public and lawyers that when you receive health, life or disability benefits through an employer payroll deduction, you have a contract with the Insurance Company. If the...

08 November

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The Ugly Truth About Why Every Physician Should Have Disability Insurance

Posted by Nancy Cavey

in Long Term Disability

Disability Insurance Benefits for Physician

Did you know that nearly 1 in 5 people living in the United States have a disability for over a year or until they reach the age of 65. Physicians see on a day in and day out the devastating impact of injury or illness. Unfortunately, many physicians don’t have long term disability insurance or don’t have proper income protection. It’s The Perfect Time To Add Or Increase Your Disability Insurance If You're A Physician Physicians typically earn more than $200,000.00 per year and have a lifetime earning potentials in the millions. Obviously, they have more to protect and more to lose. It’s...

26 September

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How to Make Your Disability Insurance Company Pay Attention To Your Social Security Decision

Posted by Nancy Cavey

in Long Term Disability

Disability Insurance Company Long Term Disability Attorney

Many times long term disability policies require that the policyholder applies for Social Security Disability benefits (SSDB). The policy will also provide that if you don’t apply for the benefits, the carrier has the right to reduce your disability benefits by what you or your dependent relatives would have received in your Social Security benefits. Once you are awarded benefits, the disability carrier will ask to be repaid any disability benefits and will reduce your benefits in the future. What Happens If They Ignore The Social Security Decision And Deny My Benefits? In the recent case of Melech v. Life Insurance Company of...

Author: Nancy Cavey