Category: Disability Benefits

ERISA • Employment Law
  • Reasons Your New Jersey Long Term Disability Claim Might be Denied

    Many long-term disability, or LTD, policies are regulated under ERISA. This is a federal law that stands for the Employee Retirement Income Security Act. When you make a claim for benefits, it is typically evaluated by a claims adjuster who works for the insurance company. Unfortunately, it is not uncommon to have claims adjusters deny valid long-term disability

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  • Fifth Circuit Upholds Judgment in Favor of Long Term Disability Claimant

    Earlier today, the United States Court of Appeals for the Fifth Circuit issued a decision in Smith v. United of Omaha Life Ins. Company, Case No.  18-60753 (5th Cir. June 11, 2019) in which it held that the United States District Court for the Southern District of Mississippi correctly held that United of Omaha arbitrarily and capriciously denied the plaintiff

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  • Court Finds in Favor of Disability Claimant After Treating Physicians Ignored

    Yesterday, the United States District Court for the Northern District of Alabama found in favor of a long term disability claimant after an insurer ignored the opinions of his treating physicians in finding that he was not disabled under the terms of his employer’s long term disability plan.  A copy of the Court’s opinion in Wiley v. United

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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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