Many health plans in the private sector are under the umbrella of the Employee Retirement Income Security Act, or ERISA, which is a federal tax and labor law. It originally outlined the minimum standards for private industry pension plans. Today, ERISA is a major...
Is my disability plan governed under ERISA?
Group disability coverage typically falls under the ERISA umbrella if the conditions fit the criteria. Plans come with tried and true guidelines but the impact of the Colorado court can mold how claims get interpreted. What is ERISA? A federal law enacted in 1974, the...
Can I appeal a denied ERISA claim?
Many Colorado businesses choose to provide their employees with a self-funded insurance plan. Unlike traditional insurance plans where employers pay the insurance company a premium, a self-funded plan requires the employer to pay for the benefits themselves. These...
The fiduciary obligations of an LTD administrator under ERISA
Many employers in Colorado provide disability insurance for their employees. If the plan falls within the definition of “retirement plan” under the Employee Retirement Income Security Act (ERISA), the people who are responsible for administering the plan must abide by...
The history of ERISA and how it helps you
Pensions are more secure due to the Employee Retirement Income Security Act (ERISA). Your insurance claims under ERISA may appear complex, but with the right resources it can secure you the help you need. According to the Department of Labor, the IRS oversaw private...
Cigna Once Again Reverses Its Decision to Terminate Benefits of Client Suffering from Multiple Sclerosis
McDermott Law has once again been successful on behalf of a client whose disability benefits were wrongfully terminated . . . TWICE. Ms. J had been receiving disability benefits as a result of suffering from Multiple Sclerosis (MS) when Cigna terminated her benefits...
After ERISA Benefit Denials & Appeals: How Much Time Do I Have to File an ERISA Lawsuit?
When an ERISA-governed benefit claim – and subsequent internal appeal – has been denied by the insurance company, a denial claimant may then have the option to file a lawsuit. The question often arises: “How long do I have to file my lawsuit?” The answer is not...
Disability and Life Insurance: Common Myths about ERISA Dispelled
Misconceptions about the Employee Retirement Income Security Act (ERISA) of 1974 abound. While this federal law is certainly complicated and it may be common that covered employees are completely unfamiliar with how it functions, or that it even exists, understanding...
Disability Insurance and ERISA: An Overview
If your disability insurance is provided through your employer, understanding how ERISA may impact your disability claim can be confusing. However, the following overview of how disability insurance and ERISA generally work together can provide you with some important...
401(k) Disability Protection Programs
Some employers offer 401(k) disability protection programs for your 401(k) savings in addition to long-term disability (LTD) coverage. Traditional disability insurance replaces a portion of your working income if you become disabled. However, traditional LTD...