Long-Term Disability Insurance vs Short-Term Disability Insurance Explained

Disability insurance provides financial security and peace of mind to those looking for additional protection if they can no longer work due to an injury or disabling illness. Americans suffer chronic and debilitating illnesses more and more every year. These injuries and ailments can dramatically impact a person’s ability to work. Thus, many workers have […]

Update on Federal Efforts to Ban Discretionary Clauses in all ERISA Cases

Mental Health Matters Act Advances to Senate In May, the Employee and Retiree Access to Justice Act (H.R. 7740) was introduced in the U.S. House of Representatives. The bill seeks to ban discretionary clauses in all employer-sponsored benefit plans governed by ERISA. If passed, this federal ban on discretionary clauses would return ERISA cases to […]

Why Government Plans Are Exempt From ERISA

If you have been denied benefits provided through an employer-sponsored plan, your claim will generally fall under the Employee Retirement Income Security Act (ERISA). ERISA is a federal law that governs most employee benefit plans. While ERISA was originally enacted to safeguard employees’ retirement and pension benefits, its reach and scope has been expanded over the years. […]

Congress Considers Total Ban on Discretionary Clauses in ERISA Plans

Earlier this month, the Employee and Retiree Access to Justice Act (H.R. 7740) was introduced in the U.S. House of Representatives. A companion bill was also introduced in the Senate as S. 4219. The bill seeks to ban discretionary clauses in all employer-sponsored benefit plans governed by ERISA. If passed, this federal ban on discretionary […]

Prudential’s Long Term Disability Denial Overturned by Texas Federal Judge

At Berg Plummer & Johnson, LLP we often deal with long term disability claim denials. We are pleased to report the good news for our client, Kristy Midkiff, where we served as local counsel alongside Terry Coleman. The case of Midkiff v. Prudential is a study in some of the twists and turns a long term disability […]