Government asks Supreme Court to broaden remedies under ERISA

In response to a U.S. Supreme Court request for input, the Solicitor General has asked the Court to hear a case in hopes of broadening the types of equitable remedies available under the Employee Retirement Income Security Act (ERISA).

The Solicitor General requested the Court to review Amschwand v. Spherion Corp., in which the Fifth Circuit rejected a breach of fiduciary duty claim by a plan beneficiary’s widow who was denied life insurance policy proceeds after premiums were paid and the company assured the plan beneficiary that the life insurance policy was in proper order.

In its brief, the Solicitor General argued that, “Because of the limited relief available under ERISA’s other remedial provisions, a wide range of injuries would likely go unredressed if Section 502(a)(3) did not provide monetary relief for fiduciary breaches.” The government’s brief also noted a potential split in federal courts regarding these claims. This week, Spherion Corp. filed a brief in response arguing that the government’s real motivation in asking for review was because it “believes the absence of a money-damages remedy for suits against fiduciaries by individual health and welfare plan beneficiaries is unjust.”

The Supreme Court has yet to determine whether it will consider the case but it refused to rule on the same issue earlier this year in the LaRue case.

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Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

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No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

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Leza A.

Desperarate & feeling like I was on a raft floating farther… out to sea. By the time I was diagnosed (it was close to a year) with fibromyalgia. I was in so much pain “ALL” over my body, feeling desperate for relief of my pain and the feeling of foggy headed (foggy headed is one of the conditions of Fibro). I wasn’t getting better instead my pain was getting worse. I was thinking about my career that I worked so hard to get where I was. I more than missed and loved my career.

My husband used to say that I loved my career more than him (so wasn’t true) but, I would do things like cancel a trip (40th birthday trip) in order to get the job done at work/make it happen (New Home R/E Sales). My career was a “very” physical and also required to be mentally sharp at all times.

What I thought at the beginning of feeling ill was going to be out from work for maybe a few days to a week, didn’t happen. Then I got to the point of being out from work for a year and realizing this was going to be a challenging and long road. In dealing with the short/long term disability company was getting to the point I couldn’t handle it. So… I got on the computer when I had short breaks from being foggy minded (took weeks of searching). So the search for someone/company who could take the challenge to keep up with the demands of paper work from the disability company with my short/long term disability company and who was successful at fighting this kind of case and with my medical diagnoses of fibromyalgia (I had been denied after the first few months of short term disability). I found Dell & Schaefer Law Firm who had a successful out come with not only the disability company that I had but, also against working with a fibromyalgia case.

I am blessed to have come across Dell & Schaefer and then I was blessed to have/be working with Rachel Alters! I found it was/hasn’t been easy in any way to deal with a case of fibromyalgia but, I am so more than happy I have/am working with Dell & Schaefer “Rachel Alter”. If I was up to it (not with fibro) I would be dancing all night long celebrating (I loved to dance all the time before fibro)! The many… appeals, time and all the hard work it took, my/our case has been over turned! I was caught off guard when I received the call from Rachel Alter! When I answered it I was thinking we were needing more documentation or another specialists to state where I am with my illness but, I got the best news in years and I just started crying out of control with tears of happiness! Tears of happiness have not been a part of my life in many years. Yea!!!!!! FYI… This was a challenge for me to write due to not being able to sit or type due to my pain of fibromyalgia but, so worth sharing my experience with choosing Dell & Schaefer “Rachel Alter & Team” ! Again… I am so blessed to have contacted Dell & Schaefer!!! Thank You Dell & Schaefer “Rachel Alter & Team”… :-)

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