Mark DeBofsky recently joined the faculty of the National Academy for Continuing Legal Education and recorded a new course, “ERISA for Dummies,” accessible via the following link: https://www.nacle.com/CLE/Courses/ERISA-for-Dummies-1485. The entire program may also be viewed here: https://youtu.be/wbH6YaZ661c.
Deciding disability benefit claims correctly can often pose a challenge for both claimants and insurers. Since disability is dependent on functional restrictions and not just on a diagnosis, determining a claimant’s level of functionality with respect to basic activities such as sitting, standing and walking can be difficult, especially when disability results from symptoms such as pain. […]
Just over one year ago, the United States Court of Appeals for the Seventh Circuit issued a precedential decision that has a direct impact on disability cases subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). […]
If you have disability insurance coverage through your employer, it is probably governed by the Employee Retirement Income Security Act (ERISA), a federal law that regulates employee benefit plans. […]
The federal Employee Retirement Income Security Act (ERISA) [1] applies to most, but not all, employee benefits provided by private sector employers under a regime of very broad preemption that supersedes all state laws that relate to employee benefits.[2] While the...
When filing a long-term disability (LTD) claim, success often depends on strong medical evidence. Among the most critical forms of proof is medical opinion evidence, which includes expert assessments from healthcare providers about your condition and limitations. […]
During its most recent term, the U.S. Supreme Court overturned a 40-year-old precedent that guided courts in addressing administrative agency interpretations of the laws they regulate. In Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc.,[1] the Supreme Court ruled in 1984 […]