Employee Retirement Income Security Act Archives - McDonald and McDonald https://mcdonaldandmcdonald.com Let our family fight for your family Mon, 19 Feb 2018 20:22:06 +0000 en-US hourly 1 https://mcdonaldandmcdonald.com/wp-content/uploads/2021/04/cropped-cropped-favicon-32x32.png Employee Retirement Income Security Act Archives - McDonald and McDonald https://mcdonaldandmcdonald.com 32 32 Have you heard of ERISA? https://mcdonaldandmcdonald.com/have-you-heard-of-erisa/ https://mcdonaldandmcdonald.com/have-you-heard-of-erisa/#respond Mon, 19 Feb 2018 20:22:06 +0000 https://mcdonaldandmcdonald.com/?p=5118 Have You Heard of ERISA? It’s important to have familiarity with the Employment Retirement Security Act (ERISA) if you receive employee benefits through your employer. Established in 1974, ERISA sets minimum standards for private industry to protect individuals in employee benefit plans, including pension and welfare benefit plans. Welfare benefit plans may include benefits in …

Have you heard of ERISA? Read More »

The post Have you heard of ERISA? appeared first on McDonald and McDonald.

]]> https://mcdonaldandmcdonald.com/have-you-heard-of-erisa/feed/ 0 Proposed Changes to Rules Governing ERISA Long Term Disability Claims https://mcdonaldandmcdonald.com/proposed-changes-to-rules-governing-erisa-long-term-disability-claims/ https://mcdonaldandmcdonald.com/proposed-changes-to-rules-governing-erisa-long-term-disability-claims/#respond Tue, 22 Mar 2016 22:21:56 +0000 https://mcdonaldandmcdonald.com/?p=2661 Recently the Department of Labor (DOL) proposed some amendments to Section 503 of ERISA (Employee Retirement Income Security Act), to improve the current rules governing Long Term Disability claims and appeals. Joe sent his comments and recommendations to the DOL with the hope of improving the disability claims process for all of our clients. Here are …

Proposed Changes to Rules Governing ERISA Long Term Disability Claims Read More »

The post Proposed Changes to Rules Governing ERISA Long Term Disability Claims appeared first on McDonald and McDonald.

]]> https://mcdonaldandmcdonald.com/proposed-changes-to-rules-governing-erisa-long-term-disability-claims/feed/ 0 Long Term Disability & the Undiagnosed Condition https://mcdonaldandmcdonald.com/long-term-disability-the-undiagnosed-condition/ https://mcdonaldandmcdonald.com/long-term-disability-the-undiagnosed-condition/#respond Fri, 08 Aug 2014 16:24:20 +0000 http://www.McDonaldAndMcDonald.com/blog/?p=289 LONG TERM DISABILITY & THE UNDIAGNOSED CONDITION One of the most difficult cases in our long-term disability practice is the individual who does not have   a diagnosis. It is very common in medicine for claimants to go longer than a year without receiving a proper diagnosis. This is not the fault of physicians, but …

Long Term Disability & the Undiagnosed Condition Read More »

The post Long Term Disability & the Undiagnosed Condition appeared first on McDonald and McDonald.

]]> https://mcdonaldandmcdonald.com/long-term-disability-the-undiagnosed-condition/feed/ 0 Missing Pieces of the Administrative Record – Full & Fair Review under ERISA? https://mcdonaldandmcdonald.com/missing-pieces-of-the-administrative-record-full-fair-review-under-erisa/ https://mcdonaldandmcdonald.com/missing-pieces-of-the-administrative-record-full-fair-review-under-erisa/#respond Mon, 14 Jul 2014 22:47:39 +0000 http://www.McDonaldAndMcDonald.com/blog/?p=262 ERISA “Full & Fair Review” & the Missing Pieces of the ADMINISTRATIVE RECORD One of the most important pieces in a long-term disability case is the “administrative record.” The administrative record is defined as: everything that the insurance company considered in the denial of your claim. It also includes any appeal that you might submit, …

Missing Pieces of the Administrative Record – Full & Fair Review under ERISA? Read More »

The post Missing Pieces of the Administrative Record – Full & Fair Review under ERISA? appeared first on McDonald and McDonald.

]]> https://mcdonaldandmcdonald.com/missing-pieces-of-the-administrative-record-full-fair-review-under-erisa/feed/ 0 Court Decides Liberty’s Denial of Our Client’s Waiver of Life Insurance Premium Did Not Meet “Full and Fair Review” Standard Under ERISA https://mcdonaldandmcdonald.com/court-decides-libertys-denial-of-waiver-of-life-insurance-premium-did-not-meet-full-and-fair-review-standard-under-erisa/ https://mcdonaldandmcdonald.com/court-decides-libertys-denial-of-waiver-of-life-insurance-premium-did-not-meet-full-and-fair-review-standard-under-erisa/#comments Tue, 20 Aug 2013 16:55:44 +0000 http://www.McDonaldAndMcDonald.com/blog/?p=173 Under ERISA, one of the rights you have as a part of your disability benefits claim is the right to a “full and fair review” by the insurance company. In providing a “full and fair review” the insurance company cannot cut corners or rely on generalizations to evaluate your claim. Instead, the insurance company has …

Court Decides Liberty’s Denial of Our Client’s Waiver of Life Insurance Premium Did Not Meet “Full and Fair Review” Standard Under ERISA Read More »

The post Court Decides Liberty’s Denial of Our Client’s Waiver of Life Insurance Premium Did Not Meet “Full and Fair Review” Standard Under ERISA appeared first on McDonald and McDonald.

]]> https://mcdonaldandmcdonald.com/court-decides-libertys-denial-of-waiver-of-life-insurance-premium-did-not-meet-full-and-fair-review-standard-under-erisa/feed/ 1 Injured Victims Suffer Twice Under McCutchen Ruling on ERISA Subrogation Claims https://mcdonaldandmcdonald.com/injured-victims-suffer-twice-under-mccutchen-ruling-on-erisa-subrogation-claims/ https://mcdonaldandmcdonald.com/injured-victims-suffer-twice-under-mccutchen-ruling-on-erisa-subrogation-claims/#respond Mon, 24 Jun 2013 18:18:16 +0000 http://www.McDonaldAndMcDonald.com/blog/?p=164 INJURED VICTIMS SUFFER TWICE UNDER McCUTCHEN RULING Congress needs to fix resulting unfair outcomes under ERISA subrogation claims (Yes, the tail finally does wag the dog!) On April 16, 2013, the United States Supreme Court issued its long awaited decision in the case of U.S. Airways v. McCutchen,  (No. 11-1285). The case involved a subrogation …

Injured Victims Suffer Twice Under McCutchen Ruling on ERISA Subrogation Claims Read More »

The post Injured Victims Suffer Twice Under McCutchen Ruling on ERISA Subrogation Claims appeared first on McDonald and McDonald.

]]> https://mcdonaldandmcdonald.com/injured-victims-suffer-twice-under-mccutchen-ruling-on-erisa-subrogation-claims/feed/ 0 Reinstating your Long Term Disability Benefit: The ERISA 502(a) Lawsuit https://mcdonaldandmcdonald.com/reinstating-your-long-term-disability-benefit-the-erisa-502a-lawsuit/ https://mcdonaldandmcdonald.com/reinstating-your-long-term-disability-benefit-the-erisa-502a-lawsuit/#respond Tue, 05 Feb 2013 23:54:22 +0000 http://www.McDonaldAndMcDonald.com/blog/?p=131 Most individuals become familiar with the phrase 502(a) lawsuit by receiving a letter from an insurance company denying access to their long-term disability benefits. The traditional language often used by long-term disability insurers advises clients that they have “exhausted their administrative remedies”, and now have the ability to file a lawsuit under Section 502(a) of …

Reinstating your Long Term Disability Benefit: The ERISA 502(a) Lawsuit Read More »

The post Reinstating your Long Term Disability Benefit: The ERISA 502(a) Lawsuit appeared first on McDonald and McDonald.

]]> https://mcdonaldandmcdonald.com/reinstating-your-long-term-disability-benefit-the-erisa-502a-lawsuit/feed/ 0