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Articles Posted in ERISA litigation

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Just Because Your Employee Disability Policy Says It’s Governed By ERISA Doesn’t Mean It Is

Nearly all employee benefit plans are governed by the Employee Retirement Income Security Act of 1974, or ERISA.  ERISA is a federal law.  As a result, claimants who sue their plans for a denial of disability benefits usually will have to try their cases in federal courts. More importantly, in…

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How An Award of Social Security Disability Benefits Can Impact Your ERISA Long-Term Disability Case

In lawsuits challenging an ERISA plan’s denial of long-term disability benefits, can claimants who have qualified for Social Security disability benefits use that as evidence in their case?  Or, to put it another way, can a decision from the Social Security Administration (SSA) on a claimant’s disability status be a…

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