Riverside, OC & San Bernardino (949)-645-9366

LTD and ERISA Disability

LTD Disability Lawyers Riverside, Orange & San Bernardino Counties

Long term disability (LTD) / ERISA law have some issues that frequently arise when there is a denial of benefits by the insurance carrier. It is important to remember that the initial stages of applying for LTD benefits and communicating with the representative of the insurance carrier may seem straightforward and transparent and that the representative has your best interests at heart. Yet, the reality is that the insurance carrier's representative is acting on behalf of the insurance carrier. Click on the links at the right for additional insight and detail regarding some common themes and topics in LTD and ERISA benefits applications, denials of benefits and appeals.

KEY TOPICS in ERISA Litigation:

Abuse of Discretion

Activities of Daily Living

Administrative Law

Administrative Process

Affirmative Defenses / Motion to Strike

Attorney's Fees and Interest

Communicating With Your Doctor

Computing Time in Federal Court

Conflict of Interest

Credibility of Litigant/Claimant

Deadline Missed

Defense Litigation Strategies

Denial of LTD

De Novo Review

Differences With SSDI

Doctor-Lawyer Communication

Disability Law

Discretionary Clauses in LTD policies

Elimination Period

ERISA Basics

Evidentiary Issues

Exhaustion of Administrative Remedies

Extrinsic Evidence in ERISA

Filing a Disability Claim

Filing an ERISA Claim (Federal Court)

Fiduciary Duty

Financial Disclosures in LTD

Full and Fair Claims Review

Handling ERISA Clients

Judgment on Partial Findings

Jurisdiction and Preemption

Legal Standard in ERISA LTD

LTD Overview

Mediation Strategies

New Disability Claims Procedures

New Evidence in Appeals

Objective vs Subjective Evidence

Own Occupation vs Any Occupation

Paper Review

Parties to Sue in ERISA

Payroll Practice Exemption

Pre Existing Conditions

Present Value of Future Benefits

Remand by Federal Judge

Sedentary Work Under SSDI and ERISA

Settlement and Mediation

Social Media and Surveillance



Substantial and Material Acts

Summary Judgment vs Judgment on the Record


Three Year Limitations Period

Treating Physicians Rule

Two Year Mental Illness Limitations

What is ERISA vs What Is Not ERISA