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23 Apr 2019If you or your family member is covered by a long term disability plan obtained through a private-sector employer, it is likely that the policy is governed by a federal law called the Employee Retirement Income Security Act (ERISA). Unfortunately, some employees and beneficiaries struggle to get access to long term disability benefits when they need them the
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09 Apr 2019Imagine that you are receiving monthly benefits from your employer-sponsored retirement plan. One day, you receive a surprising letter in the mail stating that you have been “overpaid” all along. Your plan administrator wants to reduce your benefits going forward and, worse yet, wants you to repay to make up for the overpayment. What happens now? Do you
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16 Oct 2018On September 20th, 2018, the Supreme Court of the United States dismissed, at the parties’ joint request, an ERISA lawsuit (Pioneer Centres Hold. v. Alerus Fin.) that could have potentially resolved an existing circuit split over who bears the burden of proof in ERISA breach of fiduciary duty claims. The case was dismissed because the underlying dispute was
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Mr. Garner is an ERISA employee benefits and employment attorney with over a decade of experience. The laws governing employee benefits, the employment relationship, and the workplace are complex.
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