Most employee group long-term disability insurance plans are governed under the Employee Retirement Income Security Act of 1974, or ERISA, a set of federal laws that protect the rights of policyholders. Among other things, ERISA gives policyholders the right to appeal an insurance company’s decision to deny a claim for LTD benefits. The law offices […]
Collecting Attorney Fees in an ERISA Disability Lawsuits
If you are forced to file an ERISA lawsuit against an insurance company for unfairly denying a claim for disability benefits, can you ask to be reimbursed for attorneys’ fees as part of your settlement? If an insurance company has denied your claim for disability benefits, ERISA (Employee Retirement Income Security Act of 1974), the […]
Don’t Lose Your Disability Benefits Due to Non-Compliance with a Doctor’s Orders
Insurance companies employ a variety of different ruses in their attempts to get out of paying off a claim for disability benefits. One of these is the use of allegations of non-compliance with a physician’s prescribed treatment as reason to deny paying benefits. Insurance companies can legally deny a disability claim for non-compliance. Non-compliance occurs […]
What Remedies Can You Recover From An ERISA Disability Lawsuit?
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law enacted to protect an individual from pension and insurance fraud. Its rules apply to almost all employee group short term and long term disability policies. Among other things, ERISA gives a policyholder the right to appeal an insurance company’s decision to deny […]
Failure to Follow Prescribed Treatment Could Cost You Disability Benefits
If you are filing a claim for long-term disability benefits, always follow your doctor’s instructions and review your disability policy. You may lose your disability benefits if it can be determined that you failed to follow prescribed treatments. Don’t let this happen to you. Insurance companies like to use failure to follow prescribed treatment as […]
Group vs. Individual Disability Insurance: Appealing a Denial
Buying disability insurance is a good idea if you don’t have enough savings or other means of income to support you if you are unable to work for a period of time due to illness or injury. There are two types of short term and long term disability insurance plans: group and individual. Group plans are […]
American Heart Month Raises Awareness of Heart Disease and Cardiovascular Impairments
You may notice a lot of people wearing red this month — that’s because it’s February and the American Heart Foundation has designated February as American Heart Month. They’re wearing red to remind people that heart disease is the No. 1 cause of death in the United States and to educate them on the important […]
An Independent Medical Exam Could Determine the Outcome of Your Long-Term Disability Claim
When you file a claim for long-term disability benefits in Houston, it’s not uncommon for an employer, insurance company or legal counsel to request that you submit to an Independent Medical Examination (IME). However, in many cases, these examinations are anything but “independent.” In order to collect long-term disability benefits, you must establish that your […]
Eligibility Requirements For An ERISA Disability Claim
The Employee Retirement Income Security Act of 1974, more commonly known as ERISA, is a federal law enacted by Congress that establishes minimum standards designed to protect the retirement, health, and other welfare benefit plans (life insurance, disability insurance, etc.) of private industry employees from fiduciary misuse. It is administered by the U.S. Department of […]
