Essex Richards Law firm attorneys North Carolina ERISA Attorney

Essex Richards ERISA Litigation Team Earns National Recognition

U.S. News & World Report and Best Lawyers have named Essex Richards to their 2020 list of “Best Law Firms” in America. The firm received a national ranking and metropolitan rankings in several practice areas. For the fourth year in a row, Essex Richards earned a national ranking for its ERISA Litigation practice. ERISA (which stands for the Employee Retirement Security Income Act of …

THE ERISA GRINCH

Who thinks it’s a good idea to write a Christmas-themed ERISA blog post? Why we do, that’s Who! In our practice, we deal with all manner and sort of insurance companies while advocating for our clients’ benefit entitlements under ERISA-governed group long-term disability (LTD) plans and private, individual disability income (IDI) plans. Alas, it’s an ongoing battle with the ERISA …

The Potential Financial Burdens of Surgery (and how to avoid them)

Before last year, I had undergone a grand total of zero surgeries. Zilch, nada, nil. Not even wisdom teeth extraction. Mind you, a lot of effort went into maintaining my pristine surgical record (or lack thereof). If I had a dollar for every time a doctor told me that removing my tonsils would combat my recurrent strep infections then I’d …

Common LTD Policy Exclusions

When you file a claim for long-term disability (“LTD”) insurance benefits, you naturally expect that the insurance company will comply, treat you fairly, and pay the benefits to which you are entitled. However, the vast majority of group (ERISA) LTD policies contain limitations and exclusions that may limit the duration of benefit payments you can receive or prevent you from …

Reliance on Conflict

It seems like just about everyone these days is talking about conflicts of interest. The dems say the repubs are conflicted. The repubs say the dems are conflicted. Chaucer says everyone’s conflicted (“doctors & druggists wash each other’s hands”). A Canterbury Tales reference? Super hip, ERISA group. Way to catch the reader’s attention. But we here at Essex Richards are …

When It Comes To The Definition of Disability, Insurers Don’t Play Fair

Here’s a non-exhaustive list of things that aren’t fair: When a coworker/friend/random stranger spoils the latest episode of your favorite TV show (Game of Thrones, anyone?). When your spouse eats your leftovers. When your Amazon Prime package doesn’t arrive within the previously promised two-day timeframe. Today’s blog post is about disability benefits, however (and not our list of grievances, which …

Financial Planning

What Is ERISA?

What Is ERISA? The Employee Retirement Income Security Act of 1974, commonly known by its acronym ERISA, is a federal law that applies to most private employers. ERISA protects plan participants and their beneficiaries by setting minimum standards for retirement, health, disability, and other welfare benefit plans. ERISA does not impose any requirement on employers to create these benefit plans. …

LTD ERISA disability insurance claim denial Essex Richards

What To Do If Your Disability Benefits Are Denied

You’ve worked hard all your life. Never in a million years did you think that you would be unable to continue working or support yourself. But you plan for the unexpected, so you obtained long-term disability (LTD) insurance, perhaps through your employer or maybe you sought out one on your own. Year after year, the premiums are paid and you …

ERISA health insurance claim denial Essex Richards

Those Health Insurance Claim Denial Blues

We see it all the time: We think we have good health insurance, but then, right when we need it the most, the insurance company denies coverage for a needed medical procedure.  Often, insurance coverage is denied for emerging treatment protocols that are recommended by our treating doctors. Why? The insurance company deems the procedure to be “experimental,” “investigative,” or …

Essex Richards Law firm attorneys North Carolina Personal Injury

New ERISA Disability Claims Regulations Take Effect – Part 3

In the final installment of our three-part series on ERISA’s new disability claim-processing procedures, we will wrap up our discussion by providing a run-down of the remaining changes to the regulations. Independence and impartiality. The Final Rule provides that disability plans “must ensure that all claims and appeals for disability benefits are adjudicated in a manner designed to ensure the …