ERISA Information

Why is it important to have a disability attorney handle my ERISA disability appeal?
In this video, nationwide disability insurance attorneys Gregory Dell and Stephen Jessup have a candid question and answer discussion about the challenges in drafting a successful ERISA appeal. Numerous additional questions regarding the handling of...
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Can my disability insurance policy be exempt from ERISA?
One of the first things our disability insurance attorneys will do with every disability claim is to determine whether or not the disability insurance policy is governed by ERISA. Check out our video to learn...
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What is the discretionary clause in a disability insurance policy?
The discretionary clause is a contractual term in a disability insurance policy that provide insurers with sole discretion in deciding if, when, and what benefits are due under the insurance policy. These clauses are only...
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Why is ERISA an unfair law for disability insurance claimants?
ERISA stands for the Employer Retirement Income Security Act and it was a Federal law that was passed in the early 1970s which was supposed to make it more affordable for employers to be able...
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How long does the disability insurance company have to make a claim decision once the application for ERISA long term disability benefits is submitted?
The Department of Labor has drafted regulations which provide that a disability claim must be resolved, at the initial level, within 45 days of receipt of a complete application; a plan may, however, extend that...
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What is ERISA?
If you purchased your long-term disability policy through your employer or received your long-term disability coverage as an employee benefit, then your disability policy is almost always subject to the restrictive ERISA regulations. The Employee...
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What time frames apply to an ERISA disability appeal?
Many people want to know how long it’s going to take in filing an appeal on a claim that’s governed by ERISA. Once you’ve received the denial letter, usually read through it, the shock and...
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How do I know if my disability policy is subject to ERISA?
If your disability policy was offered to you by your employer as an employee benefit, then it is likely that the claim will be governed by ERISA. However, there are exceptions which again get into...
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Are there any penalties if a disability insurance company violates ERISA?
ERISA is probably one of the most complicated Federal laws out there. It’s comparable to the IRS Tax code that a lot of people don’t understand. There are very few lawyers throughout the country that...
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Why was ERISA created?
ERISA claims were designed so that companies could offer benefits more affordable to employees. The idea was that, by making it more difficult to get into court in the event of a dispute, it would...
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How does an individual disability claim differ from an ERISA group disability claim?
There are a couple of differences between a private claim and an ERISA claim. No.1 and probably the biggest problem with ERISA is that you are not entitled to a jury trial when a claim...
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