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LTD / ERISA Disability

Orange County Long Term Disability (ERISA) Lawyers:

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. Yet, these are complex issues which we vigorously litigate against insurers in Federal Court on behalf of our clients. Click on the links below for additional details and relevant case law. 

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

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

Pre-Existing Conditions Exclusions

Policy Exclusions and Burden of Proof

How We Can Help

Our medical experts will review your case and get to know the variations of your condition. This translates into helping the legal experts know how to argue your case and fight for the benefits you deserve.