ERISA Disability Causes of Action

Tony CanataDisability Insurance, UncategorizedLeave a Comment

There is an elaborate scheme set out in § 1132 of the ERISA statute for enforcing rights under the statute through civil actions. With respect to participants and beneficiaries seeking civil enforcement of ERISA disability benefits, the most important remedy is set out at section 1132 (a)(1)(B), which empowers a participant or beneficiary to bring a civil action “to recover … Read More

Federal Court Review of ERISA Denials

Tony CanataDisability InsuranceLeave a Comment

A potential client comes to your office and says, “I was working for a large corporation that offered me a disability benefit plan. I have been paying for that plan for 15 years, and a few months ago I was diagnosed with MS and now I can’t work. I applied for my benefits and the insurance company underwriting the plan … Read More

Request a Copy of Your LTD Plan and Have Disability Lawyers Review It

Tony CanataIndustry News, Uncategorized

A Biogen Inc. employee appealed to the First Circuit Court of Appeals a federal district court decision upholding an insurer’s denial of his long term disability benefits and imposing only a $5,000 penalty for failure to provide the policy agreement to him upon request, asking the court to overturn the district court’s decision on benefits and to impose a stiffer … Read More