erisaltd

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So far erisaltd has created 6 entries.

ERISA Long Term Disability Benefits

Employer provided disability insurance benefits, which are governed by the Employee Retirement Income Security Act (ERISA), pays a portion of a claimant’s earnings if they cannot work because of illness or injury. Typically, the first six months of disability insurance benefits are paid by what is referred to as short term disability (STD) insurance. […]

By |April 14th, 2017|Uncategorized|Comments Off on ERISA Long Term Disability Benefits

What Are A Law Firm’s Qualifications?

1) What are the qualifications of the lawyer:

▸ how long has he/she been in practice;
▸ does he/she focus mainly on ERISA long term and short term disability claims;
▸ how long has he/she handled ERISA claims; and
▸ how many claims, appeal and lawsuits has he/she handled.

2) Does the lawyer provide empathetic and compassionate […]

By |April 13th, 2017|Uncategorized|Comments Off on What Are A Law Firm’s Qualifications?

Life Insurance Coverage Governed by ERISA

            Most large employers provide a benefit plan that may include benefits for life, health, disability, vision and/or dental.  These benefits may be funded by a policy of insurance.  Life insurance is an important benefit as it would pay the proceeds upon the death of the employer or, perhaps if coverage is provided, for […]

By |October 15th, 2015|Uncategorized|Comments Off on Life Insurance Coverage Governed by ERISA

APPROPRIATE STANDARD OF REVIEW IN AN ERISA CASE?

When a claimant complies with the administrative procedures in a plan, and has been denied a benefit, the claimant may bring a lawsuit pursuant to 29 U.S.C. § 1132(a)(1)(B). A court reviews the plan’s decision under a standard of review that is either an abuse of discretion standard or a de novo standard. Under an abuse of discretion standard, the court reviews the plan’s decision with deference to the plan, that is if the plan’s decision is on the spectrum of reasonableness, it will be upheld. Under a de novo standard, the court will review the plan’s decision without giving deference to the plan and make its own determination regarding the benefit. One can see how the abuse of discretion standard greatly favors the plan. Therefore, it is in the claimant’s interest to obtain a review by the court that is under the de novo standard.

The abuse of discretion standard of review applies where “the benefit plan gives the administrator discretionary authority to determine eligibility for benefits or to construe the terms of the plan.” This authority is usually found in the written plan document […]

By |October 5th, 2015|Uncategorized|Comments Off on APPROPRIATE STANDARD OF REVIEW IN AN ERISA CASE?

What is actually paid under a long term disabilty policy?

Many employees are provided long term disability coverage under a benefit plan[1] which is governed by ERISA.[2]  Most of these plans provide that the employee will be paid 60% (although there are different percentages) of the monthly earnings if the employee satisfies the definition of disability in the plan.  While this 60% is prominently […]

By |May 23rd, 2014|Uncategorized|Comments Off on What is actually paid under a long term disabilty policy?

How do you make the decision to apply for benefits

Making the decision to apply for and to go on disability is often very difficult when the condition causing the disability is not acute, that is does not require an immediate application for benefits as for example an accident. When you consider this prospect, you need to have several things in order before initiating […]

By |January 29th, 2014|Uncategorized|Comments Off on How do you make the decision to apply for benefits