Does it seem like your disability insurance company is taking too long to decide your claim? You may be correct. If the insurer’s decision is in fact late there are steps you likely need to take to enforce your legal rights. The Employee Retirement Income Security Act of 1974 (“ERISA”), the law that governs group [...]
Introduction: A Landmark Settlement for Consumer Protection The recent settlement between the US Department of Labor (DOL) and Prudential Insurance Company of America represents a significant victory for consumer protection. This groundbreaking agreement mandates crucial revisions to Prudential's life insurance practices, which had previously led to the wrongful denial of numerous claims. This article delves [...]
Sun Life Supplemental Life Insurance Policy Benefits In this case, our client’s husband was automatically enrolled in his employer’s basic life insurance coverage when he began working. Several years later, after their child was born, the husband decided to increase his life insurance coverage to provide greater financial protection for his growing family. He therefore [...]
Employer-offered disability insurance plans are governed by a set of law called ERISA: the Employee Retirement Income Security Act. ERISA was intended to protect the cash in employees’ pension funds. Since it was implemented in 1974, however, it has mutated into a set of rules that give shocking advantages to the insurance companies should you [...]
If you have insurance through your employer and your claim is denied, here are some clues that the attorney you are talking to about your long-term disability claim isn't experienced: Cannot explain how your case would progress from internal appeal to litigation without doing "a little research." They don't mention ERISA at all. Talks about [...]
Long-term disability claims are complicated. If you are dealing with a claim yourself, this probably comes as no surprise. Disability claims are denied all the time, most often for either of these two reasons: The claimant does not meet the conditions for being disabled as defined in his/her contract, but usually and more likely... The [...]
The short and tragic answer is yes, and it happens to many disabled individuals. The issue is hinged on the definition of ‘disability’ as defined in your insurance policy. There are two definitions of disability in your insurance policy; “own occupation” and “any occupation.” From the time your disability policy becomes active, you are in [...]
When a long-term disability insurance company determines that it may be paying benefits for a long time, they may offer to "buy out" your policy by paying you a lump sum. Acceptance of the lump sum would mean that you no longer have to provide continued proof of disability and they no longer have an [...]
If your long-term disability claim is denied and you file a lawsuit at some point, the insurance company may come to you with a lump sum settlement offer. Should you take it? Each case depends on its facts and, presuming that you have an experienced disability attorney, you should discuss these matters with your attorney. [...]
You were injured on the job – say you fell off a ladder and hit your head and injured your back. You were hospitalized, and spent a long time in rehab. You are better now, but far from all better, and very far from where you were before you fell. In fact, you aren’t able [...]
