If you have a group health policy, or group disability or life insurance policy which is governed by ERISA ( The Employees Retirement Income Security Act o 1974 29 U.S.C. §1001 et.seq) , the odds are that the plan contains a “discretionary clause” which allows the insurer the “discretion” to decide if a person’s claims should be paid or not. To proceed with your claim for benefits under your ERISA covered plan, an insured must (1) file a claim, and (2) must exhaust the plan’s … [Read more...]
YOUR ERISA CLAIM . . . IS THE DISCRETIONARY CLAUSE PROHIBITING YOUR RECOVERY OF BENEFITS?
October 13, 2011 By
ERISA – WHAT I NEED TO KNOW & WHAT I NEED TO DO
September 16, 2011 By
ERISA law is governed by Federal Statutes and was established to set guidelines for employers to help protect employee's benefits, such as retirement, disability, health, welfare and other employment-related benefits. The legal guidelines are set forth in the Employer Retirement Income Security Act of 1974, otherwise know as ERISA (found in U.S. Code Title 29, Chapter 18). Many insurance companies fight against the benefits they owe at a time when people are most vulnerable. 1) Consult Your … [Read more...]