In a recent case, Kennedy v. The Lilly Extended Disability Plan, No. 16-2314, __F.3d__, 2017 WL 2178091 (7th Cir. May 18, 2017), the Seventh Circuit Court, overturned a disability insurance benefit denial of a claimant with fibromyalgia. The claimant in the Kennedy...
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ERISA
The Fifth Circuit Court of Appeals Calls into Question Whether Deference Should be Given to the Factual Benefit Determinations of ERISA Plan Administrators.
In a recent decision, Ariana M v. Humana Health Plan of Texas, Inc., 2017 WL 1423765 (5th Cir. April 21, 2017), the Fifth Circuit Court of Appeals called into question the validity of its holding in Pierre v. Connecticut General Life Insurance Co./Life Insurance Co....
U.S. Supreme Court Limits Time for Filing a Lawsuit in ERISA Disability Insurance Claims
Typically, a statute of limitations-or the state mandated time period within which a claimant must file a lawsuit-begins to run once a cause of action arises. In ERISA disability claims, the cause of action arises and claimants are not permitted to file a lawsuit...
The things the insurance company may not tell claimants about their rights under ERISA
There are many things that an administrator or insurance company may not tell claimants about their rights in ERISA benefit claims and ERISA appeals (when there has been a denial of their ERISA benefits). Just a few of the many things that the insurance company may...
Do You Have the Right Information to Be Successful in Your Application for Benefits Under or Appealing a Denial of Your ERISA Disability Insurance Claim?
Most group policies that you obtain as a result of your employment are governed by the Employee Retirement Income Security Act of 1974 ("ERISA"). ERISA is a federal statute that provides extremely strict deadlines and guidelines for claimants and insurance companies...
The Effect of a Severance or Employment Agreement on a Disability or ERISA Benefit Claim
In cases where an employee has a serious illness or injury that will likely prevent them from returning to work for many months or longer, their employer may ask them to sign an employment/settlement agreement and/or severance agreement in exchange for additional...
Supreme Court will Review an Insurance Carrier’s Right to Reimbursement under ERISA
On June 25, 2012, the United States Supreme Court granted certiorari review in the case US Airways, Inc. v. McCutchen, which will greatly impact the landscape of employee benefits law, which is largely governed by the Employee Retirement Income Security Act...
Is Your Insurance Benefits Claim Governed by ERISA?
ERISA stands for the Employee Retirement Income Security Act which was passed by Congress and signed into law by President Ford in 1974. When the Employee Retirement Income Security Act ("ERISA") became law, it was codified as a part of Title 29 of the United States...
What is ERISA?
ERISA stands for the Employee Retirement Income Security Act which was passed by Congress in 1974 and signed into law by President Gerald Ford on Labor Day, September 2, 1974. When the Employee Retirement Income Security Act ("ERISA") became law, it was...