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Posts Tagged ‘ERISA’

Stiff Person Syndrome

Stiff person syndrome (SPS) Stiff person syndrome (SPS) is a rare, progressive syndrome that affects the nervous system, specifically the brain and spinal cord.  Although very rare (Stiff Person Syndrome affects only 1 in a million people), McDonald & McDonald has represented several Long Term Disability Insurance clients who have suffered from SPS. The cause of stiff person syndrome is unknown,…

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Have you heard of ERISA?

Have you heard of ERISA? It’s important to have familiarity with the Employment Retirement Security Act (ERISA). Established in 1974, ERISA sets minimum standards for private industry to protect individuals in pension and health plans. ERISA requires plans to provide participants with essential information about various aspects of their protection, benefits and rights to sue…

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Proposed Changes to Rules Governing ERISA Long Term Disability Claims

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…

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

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,…

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

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…

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