What if I am a public employee?
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...
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