January 17, 2017

Department of Labor Publishes New Rules Affecting ERISA Disability Claims

The Department of Labor has published new regulations that will affect ERISA disability insurance claims as well as the appeals process. The new rules will apply to any claims for disability benefits filed on or after January 1, 2018. These rules will apply to any ERISA-governed disability plan, includig short-term and long-term disability plans and other plans that offer benefits based on whether a participant is disabled, including pension plans and 401(k) plans. The following are the most important changes coming to the ERISA claims process. #1. All claims and appeals must be decided impartially and independently. This means that […]
September 30, 2016

Is Your Disability Insurance Policy Subject to ERISA?

Most people who file a disability insurance claim are unfamiliar with Employee Retirement Income Security Act (ERISA) — but it can have a big impact on your claims process and taxes on your benefits. ERISA is a federal law that is designed to give affordable employee benefits that protect workers. Unfortunately, ERISA regulations have generally been interpreted by courts in a way that favors insurance companies. An important goal for any disability attorney is proving that a claim is not governed by ERISA to improve the odds of collecting benefits. Group vs Individual Long-Term Disability Insurance There are two main […]