ERISA Videos

Subrogation rights are the right of your insurance company who has made payments to you to also recover from an at fault party. Subrogation rights are usually coming up with regard to your health insurance or sometimes in relation to your own automobile insurance. What you’ll see is your health insurance has paid for your …

If my insurance company wrongfully denies my benefits can I sue for bad faith and get punitive damages? Under ERISA you can’t sue for bad faith and get punitive damages. As a result there’s very little incentive for the insurance companies to treat you fairly when you’re trying to apply for your disability insurance benefits …

If your claim denial is reversed the Employer Retirement Income Security Act of 1974 also known as ERISA does allow for a recovery of attorney’s fees. But typically the Federal courts do not award attorney’s fees very often. It has to be a very very egregious or bad type of conduct before the Federal court …

Unfortunately good medical evidence is not enough. If you’re applying for ERISA disability benefits you need your medical evidence to be an administrative record. But these plans are so slanted in favor of the insurance company and the employers that provide the benefits that many times just having good medical evidence is not enough. Watch …

If you file a lawsuit to recover your benefits under ERISA whether it’s ERISA disability benefits or ERISA life insurance benefits you don’t have a right to a jury trial. In fact in most instances you don’t have a right to a trail at all. All the federal court will do is review the administrative …

ERISA which stands for the Employee Retirement Income Security Act of 1974 has very profound effects if you’re trying to receive benefits that you may have gotten from your employment. It’s what we used to call fringe benefits. It’s the benefits like disability insurance life insurance and medical insurance that you get by virtue of …

Under the Employee Retirement Income Security Act of 1974 otherwise known as ERISA full and fair reviews are required. However most of the time what we see is that those full and fair reviews are being conducted by the company that is obligated to make the payments if you’re successful. As a result they have …

While ERISA is the federal statute that provides protection for your employment benefits it’s so slanted in favor of the employer and the insurance companies for the employer that it really provides very little protection at all for an individual who’s making claims for their individual benefits that they got as a result of their …

Your own private disability insurance will not limit or reduce your social security disability benefits. However it may work the other way in reverse. What I mean by that is many times social security disability benefits will reduce or create an offset under a private disability plan. If your private disability plan is covered by …

If you have a valid ERISA claim whether it’s for disability benefits or life insurance benefits or medical insurance benefits there is hope for you even if it’s in Texas. However these cases are exceedingly difficult and very few lawyers know how to handle an ERISA case. It’s important for you to find an attorney …

If your insurance company wrongfully denies your ERISA disability payments, life insurance payments, or medical insurance payments, you can sue for those wrongfully denied benefits. Unfortunately, this creates an incentive for insurance companies to deny you, since the loss of a lawsuit would only mean they have to pay out the benefits they should have …

The administrative record is basically everything related to your claim. It’ll include the plan that’s being administered and it’ll also include any sort of documentation you have submitted supporting your claim. It’s very very very important to submit everything that supports your ERISA claim whether it’s a claim for ERISA disability benefits or a claim …

Under ERISA an employee welfare benefit plan is the name of the legal document that provides the terms and conditions by which you receive disability insurance life insurance or medical insurance or any other type of benefit that you receive by virtue of being employed. Watch more about ERISA Videos