Riverside, San Bernardino, Orange Co. (949)-645-9366

LTD and ERISA Disability

LTD Disability Lawyers Riverside, San Bernardino & Orange County

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

Administrative Law

Administrative Process

Affirmative Defenses in ERISA / Motion to Strike

Communicating With Your Doctor

Conflict of Interest

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 in ERISA

Handling ERISA Clients

Jurisdiction and Preemption

Legal Standard in ERISA LTD

LTD Overview

New Disability Claims Procedures

Objective vs Subjective Evidence

Own Occupation vs Any Occupation

Paper Review

Parties to Sue in ERISA

Payroll Practice Exemption

Settlement and Mediation

SSDI vs ERISA

STD vs LTD

Substantial and Material Acts

Summary Judgment vs Judgment on the Record

Surveillance

Three Year Limitations Period

Treating Physicians Rule

Two Year Mental Illness Limitations

What is ERISA vs What Is Not ERISA

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