1. The Top Hat Plan: Risks Ahead!

    What is a top hat plan? Do I have one? If you are a well-compensated executive in a company, then you might have a top hat plan. Top hat plans are unfunded plans maintained by an employer primarily to provide deferred compensation for management or highly compensated employees. These plans are not tax  qualified, and the employer selects the employees covered as well as the benefit amount provide…Read More

  2. Tequila Made the Gun Go Off?

    Many employers offer accidental death and dismemberment insurance, a form of life insurance for employees. If the loss of life or limb is the result of an accident, then a lump sum will be paid. However, one court found that if someone, in the chain of events resulting in loss of life or limb, was drinking alcohol, then there will be no coverage. See, Unum v. Mohedano, 2017 WL 713791 (S.D. Tx. 201…Read More

  3. 4 Things to Do When Your Pension Isn’t Right

    You worked for decades to put money into our pension and retirement plan so you could enjoy post-retirement life. You probably have dreams of enjoying all of those activities you put off while you were working. Maybe you've been dreaming of hobbies like woodworking or finally having enough time to write the next great American novel. When the day finally comes and you are ready to retire, ther…Read More

  4. Be a Shell Game Buster! (Or, How to Get the Plan Documents You Need!)

    Many people know they have a long-term disability benefit, health benefit, or life insurance benefit, but they don’t know the “rules” or terms for the benefit. There are too many instances in which it is vital to know the “rules,” or plan terms, before you have a claim. Even if you don’t thoroughly read or understand the document, it will be a key document your ERISA attorney will want…Read More

  5. Could Your Carpal Tunnel Syndrome Qualify You for Disability Benefits?

    Up to 3 percent of women and 2 percent of men will be diagnosed with carpal tunnel syndrome at some point in their lives. Those numbers are likely to increase in the next decade, too, as people who work on the computer a lot are at a greater risk of developing the painful issue. The syndrome is caused by placing pressure on the wrists, inflaming the nerve inside and causing problems like numbness,…Read More

  6. Should You Do a Lump Sum Payout on a Long-Term Disability Claim?

    Long term disability insurance can be a lifesaver for the American worker. When they find themselves too ill or injured to work, they can rely on monthly payments to replace their income so they can continue to take care of their family. These monthly payments may be scheduled to last for a certain period of time or for the rest of their lives, depending on the policy. Sometimes, though, instead o…Read More

  7. Are You Killing Your ERISA Case?

    We all like Social Media. And if you are hurt or sick and can't work, it can be a great way to keep in touch. However if you are receiving a long term disability benefit or a pension disability benefit beware! LinkedIn did help “kill” a recent ERISA case! Most people forget that what you say on social media can be harmful to your case. With ERISA the arbitrary and capricious standard of review…Read More

  8. What’s in Your Disability Plan?

    Remember the Capital One® commercial, “What’s in Your Wallet?” It is also important to know what is in your disability plan, since it will affect your wallet. Many of us never think we will be unable to work. However, every day we are only one accident away from that. If you have a plan, you need to know what is in it. If you don’t have one, you are risking more than you may realize. The …Read More

  9. Why Was My Case Referred to a Different Attorney?

    We hear that question often. Many clients do not initially understand why they were referred to our firm. Some try to make up an excuse for their prior attorney with thoughts such as “I guess he doesn’t handle that,” or “I guess she is too busy.” You may have wondered the same thing. However, no excuse is necessary, as a case referral may be the best move for your case. Some realities re…Read More

  10. Losing a Big Chunk of Your Retirement Under ERISA

    After years of service, Mr. Taylor retired from NCR. He was to receive a survivor annuity benefit of about $29,000 per year for both his and his wife’s lives. This retirement was an effective inducement for Mr. Taylor to stick with the company. That benefit can bring much peace of mind for retirement, so maybe the long hours were worth it. However, after about seven years of retirement, NCR deci…Read More