• David Martin

A 401(k) Won't Last Forever [Video]

Many people work very hard for many years and wisely put money away for retirement in a 401(k) provided by their employer. However, when medical problems arise and they cannot continue working, they often deplete their 401(k) unnecessarily.

A construction superintendent was highly valued, long-time employee. His knees and lower back started causing him problems. Fortunately, his job provided good benefits, including long term disability benefits, life insurance, and a 401(k). When his doctor told him he had to stop working, he filed a claim for long term disability benefits.

The long-term disability insurance company denied his claim. He hired our firm to pursue his case. In the meantime, he lived off his 401(k) account. The account dwindled in just a few months, as a large part of his withdrawals were withheld for taxes and penalties. Meanwhile, we aggressively pursued his claim through an appeal with the company and when it was effectively denied, with a lawsuit.

Shortly after we filed the lawsuit (and before the 401(k) plan was exhausted), the insurer reversed its prior decision and our construction superintendent was awarded his long-overdue long-term disability benefits.

If a long-term disability claim is denied, don’t sit on it. A “safety net” such as a 401(k) may not last as long as you think. The sooner we get going, the quicker the resolution. Let us help.

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Contact us today for a free initial consultation.

The Martin Law Group is dedicated to being your go-to ERISA attorneys and long term disability lawyers. Whether you are pursuing a long-term disability claim, life insurance benefits, or your pension or retirement benefits, we will meet with you face-to-face to discuss your claim at a location convenient for you. 


In an effort to make disability claims as easy as possible, we offer a free initial consultation. We often work with clients in Huntsville, Mobile, Birmingham, Montgomery, Dothan, Tuscaloosa, and Florence, in Alabama, as well as with clients in Columbus, Meridian, Jackson, Hattiesburg, Tupelo, and Gulfport, Mississippi, and surrounding areas.

Contact us today for a free consultation.

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2323 2nd Avenue North
Birmingham, Alabama 35203
Toll-Free: 800-284-9309
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