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

ERISA Long Term Disability Plans Defined

Tony CanataDisability InsuranceLeave a Comment

ERISA Long Term Disability Plans Defined. Most people who carry long term disability insurance obtain it by participating in a plan offered by their employers. Although it is possible to obtain long term disability insurance directly from an insurer (called “private” or “individual” disability insurance), those policies are prohibitively expensive for most people. But employers can offer reasonably priced long … Read More

ERISA Long Term Disability Plans Defined

Tony CanataDisability InsuranceLeave a Comment

ERISA Long Term Disability Plans Defined. Most people who carry long term disability insurance obtain it by participating in a plan offered by their employers. Although it is possible to obtain long term disability insurance directly from an insurer (called “private” or “individual” disability insurance), those policies are prohibitively expensive for most people. But employers can offer reasonably priced long … Read More

Reporting and Disclosure in the ERISA Statute

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The reporting and disclosure provisions of the ERISA statute appear at §§ 1021 – 1031. These sections – Create the reporting and disclosure duties of administrators ( 1021); Describe the summary plan description ( 1022) and annual report (§ 1023) that are the two most important parts of the reporting and disclosure scheme; and Set forth the timing and details … Read More

Fiduciary Responsibilities Relating to ERISA Disability Plans

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Congress enacted the ERISA statute expressly to protect employee benefits. Unlike wages, which employees receive directly, employee benefits are established and maintained by other entities, which maintain funds from which to provide benefits to employees in forms other than direct compensation. The entities in question may be tempted to act in ways that benefit themselves rather than the employees who … Read More

LTD Plans Not Subject to ERISA

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LTD Plans Not Subject to ERISA.  The ERISA statute excepts five types of plans from coverage under the statute in the “Coverage” section found at 29 U.S.C. § 1003(b): (1) government plans; (2) church plans; (3) plans maintained solely for the purpose of complying with applicable workmen’s compensation laws or unemployment compensation or disability insurance laws; (4) plans maintained outside … Read More

Why ERISA Insurers Are Working Against You

Tony CanataDisability InsuranceLeave a Comment

Individuals who become disabled and then run into insurance company resistance to paying benefits under their group plans often feel shock and disbelief. They may ask: Why have I been paying premiums all this time only to have my valid claim denied? How could my employer offer and promote coverage that doesn’t help me when I need it? How can … Read More