Rebuilding Justice Blog

Disability Lawyers

Dec 14, 2017
1 min

Are You Holding a Hot Potato?

Most lawyers know that an ERISA benefit claim is similar to a breach of contract action. The Supreme Court has said as much in Firestone v. Bruch. As a result, most lawyers also assume that there is plenty of time before it is necessary to file a lawsuit regarding an ERISA claim. However, a recent case illustrates that you may not have as much time as you thought… and in fact, you may be holding a “hot potato.” In Horton v. Hilton Ret. Plan, CV 17-9015, 2017 WL 5992096 (E.D.

Watch Out! Keep Your Clients From Being Bitten by COBRA

David Martin

Nov 21, 2017
2 min

Watch Out! Keep Your Clients From Being Bitten by COBRA

Though not originally a part of ERISA, a significant later amendment was the COBRA notice requirement. While no employer is going to mistake this COBRA for a snake, many have been bitten by it nonetheless, with penalties of up to $110 per day. That can paralyze a small business if one or more years are involved. Not every employer is subject to the COBRA notice requirements; however, those with 20 or more full time employees most likely are. Generally circumventing that b

What Does a Pop Band & ERISA Have in Common?

David Martin

Nov 9, 2017
2 min

What Does a Pop Band & ERISA Have in Common?

They were both in a recent case opinion written by Magistrate Judge Jonathan Goodman in Johnston v. Aetna Life Ins. Co., 2017 WL 4654431(M.D. Fla. 2017). Judge Goodman pulled lyrics from No Doubt’s song “Don’t Speak” to illustrate the Plaintiff’s case wherein he was seeking an explanation as to exactly why his claim for long term disability benefits has been rejected. “In their song ‘Don’t Speak,’ the rock band No Doubt sang the following lament about being rejected: ‘Don’t s

David Martin

Oct 31, 2017
2 min

Do COBRAs Always Strike?

Cobras are known to be deadly, but truth be told, they don’t always strike - even when provoked. COBRA here refers to the law that requires employers to offer an employee the option to continue health insurance coverage at a little more than the group health insurance rate for a period of time after termination of employment. Even under Obamacare, keeping your health insurance can be very important. For employers with 20 or more full time employees, the law requires the emp

Attended Law School? Passed the Bar? Walked a Dog?

David Martin

Oct 26, 2017
1 min

Attended Law School? Passed the Bar? Walked a Dog?

Though most attorneys have to attend law school and pass the Bar exam to practice law, Reliance Standard Insurance Company decided that the ability to walk a dog was sufficient enough for one attorney to practice law. In a recent case, an attorney who suffered from numerous debilitating medicial conditions, including osteoarthritis and severe fibromyalgia, struggled with her health until eventually she had to cease practicing law. She became unable to meet with clients, con

David Martin

Oct 12, 2017
1 min

What's New On ERISACase.com?

We took a long hard look at our website. It did not provide the information that you most often needed in an easy-to-access format. So, we changed it. WHAT'S NEW? For Attorneys. You are important to us. So, we created a tab especially for attorneys. Click it, and you will see the types of claims governed by ERISA, fee arrangements for associating and referring attorneys, and why referrals make good sense. Read more. New Blog. We have redesigned our blog. Not only is it easie

Could Your Carpal Tunnel Syndrome Qualify You for Disability Benefits?

David Martin

May 12, 2017
3 min

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, tingling, pain, and an inability to use your hands and fingers as you normally

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

David Martin

May 10, 2017
3 min

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 of a monthly payment the worker may be offered a lump sum payout on their settlem

David Martin

May 3, 2017
2 min

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 is often involved which means a wrong but reasonable decision may leave you without

David Martin

Apr 17, 2017
2 min

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 Middle District of Florida recently was looking at a plan – a FedEx plan. We have previou

Why Was My Case Referred to a Different Attorney?

David Martin

Mar 7, 2017
3 min

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 regarding the practice of law make it clear why referrals are good, and often critical for o

David Martin

Aug 5, 2016
2 min

When to Hire a Disability Lawyer

How do you know when it is the right time to hire a disability attorney? Depending on who you ask, you will likely receive conflicting answers. If you rely on your insurance company or the disability office for answers, then you will probably be told that you won’t ever need one. While not true in every case, these organizations do gain some undeniable benefits if you opt to go it without an attorney, namely that it is far easier for them to deny your claim without someone qu

David Martin

Jun 10, 2016
1 min

Your Rights in Retirement

The Employee Retirement Income Security Act (ERISA) was passed in 1974, and since then it’s been amended numerous times to encompass the changing landscape of American retirement rights, including disability benefits, pension plans, benefit claims and other worker’s rights. One of the major areas of focus of ERISA is the rights of workers when it comes to their employer’s retirement plans. Here are a few of the things ERISA does: Requires plans to give participants informatio

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