UNDER ERISA AN INSURANCE COMPANY MUST ENGAGE IN “MEANINGFUL DIALOGUE” WITH A LONG TERM DISABILITY CLAIMANT

Although a long-term disability claimant – the insured – carries the burden of showing she is entitled to benefits, ERISA administrators (usually, but not always, insurance companies) have a fiduciary duty to conduct an adequate investigation when considering a claim for benefits. Cady v. Hartford Life & Accidental Ins. Co., 930 F. Supp. 2d 1216, 1226 (D. Idaho 2013)(citing Booton v. Lockheed Med. Ben. Continue reading “UNDER ERISA AN INSURANCE COMPANY MUST ENGAGE IN “MEANINGFUL DIALOGUE” WITH A LONG TERM DISABILITY CLAIMANT”

UNDER ERISA AN INSURANCE COMPANY MUST PROVIDE A LONG TERM DISABILITY CLAIMANT WITH ITS SPECIFIC REASONS FOR DENYING OR TERMINATING BENEFITS

It is important for any claimant to know his or her rights under ERISA in making a long term disability claim. Section 1133 of ERISA reads as follows: “In accordance with regulations of the Secretary, every employee benefit plan shall – (1) provide adequate notice in writing to any participant or beneficiary whose claim for benefits under the plan has been denied, setting forth the specific reasons for such denial, written in a manner calculated to be understood by the participant, Continue reading “UNDER ERISA AN INSURANCE COMPANY MUST PROVIDE A LONG TERM DISABILITY CLAIMANT WITH ITS SPECIFIC REASONS FOR DENYING OR TERMINATING BENEFITS”