No Ordinary Discovery in ERISA Disability Litigation

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The first thing to understand about the topsy-turvy world of ERISA disability benefits litigation is that the plaintiff has no right to take ordinary discovery after filing a complaint in federal district court. On its face, an ERISA disability case looks like a contract dispute between the parties: the claimant has sought benefits pursuant to the disability plan and the … Read More

Initial Applications for ERISA long term disability Benefits

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Plan administrators have the authority under the ERISA statute to review initial ERISA long term disability claims and to deny claims. There is typically a procedure for submitting an initial claim that requires applicants to obtain attending physician reports from health care providers, fill out activities of daily living forms, sign authorizations so that the administrator can gather documents and … Read More

Work with an Attorney When Filing for Workers Compensation Benefits

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If you hurt your back, break a bone, or develop an illness while you are at work, you may be entitled to workers compensation benefits. Federal employees are generally covered under Federal Employees Compensation Act, State employees and workers in the private sector are generally covered under state workers’ compensation laws. Let’s take a look at the minimum requirements for … Read More

The ERISA Appeal Process

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If the administrator denies an initial claim, what follows is an ERISA appeal process. The administrator’s notice of denial must provide information to assist the applicant in appealing the denial, including the reasons for its decision and the steps that can be taken to address these deficiencies. Denials must be appealed within 180 days. Appeals not filed in a timely … Read More