The Employee Retirement Income Security Act of 1974 is designed to protect retirees who are entitled to collect employee benefits. However, the insurer has the right to deny any claim if the applicant cannot show proof of a qualifying medical condition or if the claim...
Erisa & Employee Benefits
The who, what, and how of ERISA
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law. Lawmakers passed this law to provide oversite and protection of retirement and health plans for workers in the private sector. Who. According to the United States Department of Labor’s...
FMLA restrictions: Why some employees are struggling
Over the past few years, the Family Medical Leave Act hasn't been able to help as many working families in Delaware as it was designed. FMLA was created to give employees access to job-protected and unpaid leave should a serious family problem or illness occur....
Obsolete mortality rates trigger ERISA case
Conglomerate Huntington Ingalls Industries must defend claims of underpaying former workers for their retirement benefits. A U.S. district court judge in a Sept. 29 ruling denied the firm’s motion for summary judgment dismissing the case. The matter potentially...
New developments in ERISA case may impact those in Delaware
Delaware residents with retirement plans may want to keep a close eye on a complex ERISA case. The case is being heard in the District Court of Massachusetts, Belknap v. Partners Healthcare System. What is ERISA? ERISA stands for the Employee Retirement Income...
Appealing a denied long-term disability claim
Thousands of Americans rely on long-term disability benefits to support themselves and their families. However, the application process can be daunting, and receiving a denial can be devastating. How will you provide for your family after being denied these benefits?...
Delaware employers are liable for mishandled retirement accounts
Workers in Delaware and elsewhere do not have to endure losses caused by mistakes made or wrongful acts done by those who are supposed to protect their retirement accounts. A recent $17 million class-action settlement affirms that employers are liable for ERISA...
Filing a whistleblower retaliation claim against an employer
Individuals who believe that their employers have violated the law may want to call attention to those violations. A person who aims to expose a Delaware company's illegal activities is referred to as a whistleblower, and that person is generally protected from being...
Salesforce faces ERISA challenge to retirement plan management
For participants in large retirement plans in Delaware and across the country, the management decisions affecting their plan could have significant effects on their future financial security. Employee benefits offered by private companies, including health care...
How do I appeal a denied health benefits claim?
Insurance providers seem to have a lot of power. When you go in for treatment and submit a claim, it is up to them to decide whether that care is covered. A provider does not always make the right decision. There are times when a health benefits claim is wrongly...