When should I file a claim for long-term disability/ERISA benefits?

When should I file a claim for long-term disability/ERISA benefits? Before you stop working, long-term disability/ERISA lawyer Nancy Cavey suggests that you get your long-term disability policy (LTD) out and read that portion of the policy that tells you when you must file a claim. Most policies require that you file your claim for long-term disability/ERISA benefits within a certain period of time after you stop working. Different policies say different things, but we commonly see a 30 day requirement for the timely reporting of your long-term disability claim. Make sure you don't miss that crucial...

01 November

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My doctor tells me that I can’t work anymore. What steps should I take before I stop working?

Posted by Nancy Cavey

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My doctor tells me that I can't work anymore. What steps should I take before I stop working? Get your long-term disability insurance policy (LTD) out and start to read. First, make sure that the condition preventing you from working is covered under your long-term disability policy. For example, if your policy doesn't pay benefits for fibromyalgia or only pays for 24 months, you better know that before you stop working. Secondly, look to see if there are any clauses in your policy that say benefits won't be paid unless you work for certain time before you...

01 November

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What if I am a public employee?

Posted by Nancy Cavey

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What if I am a public employee? ERISA excludes local, state, and federal employees from coverage. For those covered under a private plan, the claim for the denial of benefits is going to be a claim for the breach of a contract and can be tried by jury in a state court system. The term “disabled” is defined in the policy, and the jury will be asked to determine if the claimant is disabled. Evidence is allowed to be brought in from outside of the “administrative record”. It is essential that you contact an attorney if...

01 November

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What does ERISA do?

Posted by Nancy Cavey

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What does ERISA do? ERISA, an Employee Retirement Security Act enacted in 1974, requires employers to provide participants with information about the plan, plan funding and important features. This information is to be provided regularly and automatically. Information can be available free of charge or it can cost money. ERISA also sets the standards for employers for benefit accrual and funding rules. It is defined by the law as when an employee becomes eligible to participate in a plan, accumulate benefits, and have a right for those benefits. The funding of plans is also controlled by...

Author: Nancy Cavey