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Nevada Workers' Comp and Social Security Disability

I asked attorney Gerald Welt, Esq., if he would provide me with a guest blog post on how workers' compensation interacts with the receipt of Social Security Disability benefits, and his office sent me the following general...more

11th Circuit Court of Appeals Mandates Proactive Gathering and Review of SSA Information in LTD Benefit Review

Not long ago, the Unites States Supreme Court in MetLife v. Glenn, 128 S. Ct. 2343 (2008) gave a stern warning to plan fiduciaries who required a claimant to apply for disability benefits with the Social Security...more

Federal Disability Benefits Set to Rise Only 1.5 Percent

People with disabilities and senior citizens can expect a small, 1.5 percent increase in their Social Security and Supplemental Security Income (SSI) benefits in the new year, an even smaller cost of living adjustment than...more

State Insurance Commissioner’s “Non-Binding” Opinion Banning Discretionary Language Has No Effect in Court

An Insurance Commissioner’s non-binding opinion banning discretionary language in an ERISA governed plan has no effect. Here’s the case of Frazier v. Life Insurance Company of North America, __ F.3d __ (6th Cir. August...more

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

In This Issue: - Supreme Court Update: Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent,Equitable Doctrines May Fill The Gaps: US Airways, Inc. v. McCutchen, 569 U.S. ___ (2013). In an...more

Do I Need A Lawyer For My Social Security Disability Claim?

This is a question we receive quite frequently. The Social Security Administration does not require you to have an attorney represent you. In fact, you can represent yourself. However, many claimants find using an attorney to...more

ERISA: 8th Circuit–Claimant’s Contradictory Statements to SSA Can Be Used To Deny ERISA Disability Claim Involving...

What happens when an ERISA claimant submits contradictory statements to the Social Security Administration and the ERISA plan administrator? Can these contradictory statements be used to deny the ERISA claim? YES....more

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