What Is ERISA?
In 1974, Congress passed a law that regulates your employee benefits. Known as ERISA (the Employment Retirement Income Security Act) this law covers your retirement, disability, health, life and other employment-related benefits. It details the responsibilities of your employer regarding your employee benefit plan, and it outlines the steps you can take if you believe your rights are being violated. ERISA is a Federal law. State laws will not apply since they are preempted by ERISA. However, if you are employed by a governmental entity then ERISA does not govern your employment benefits. (State laws of insurance “bad faith” may [...]
Accidental Death Benefits Denied By MetLife Because Insured Was Drinking and Driving
An accidental death insurance policy will pay benefits when the insured dies as a result of an accident. But when the insured dies in an auto accident with a high blood alcohol rate is that an accident? Metropolitan Life Insurance Company recently denied a widow life insurance benefits when her husband died in a single car accident while driving home from his brother’s house. Met Life claimed that since decedent had been drinking beer before driving that the accident was not an accident under the law. […]
Excuses Used By Insurance Companies to Deny Disability Claims
Every denial of disability benefits includes the language “your medical records do not support a claim for disability as defined in the Plan.” What does that mean and what can you do about it? Plenty. First you must understand that there are two issues presented in that often used excuse to deny benefits. The definition of disability in the Plan and your medical records. (The issues are the same in an ERISA Plan, Governmental Plan and Individual Plan). How Does Your Policy Define “Disability” […]