Entries by J.J. Conway

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Three Pillars: Financial Security Through Employee Benefits

At one time, employers referred to an employee’s fringe benefits as their ‘ hidden paycheck.’ This meant that up to 32% of an employee’s compensation is paid out in the form of benefits. Healthcare coverage, retirement matching funds, as well as life and disability insurance are critical components of an employee’s financial security. Good employee […]

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Meaning Behind Conquer Tomorrow at Our Benefits Law Firm

  Occasionally, someone will ask, ”why is there a mountaintop in your logo,” or “where did the trademark ‘Conquer Tomorrow’ come from?” The spirit behind our brand comes from a desire to help our clients conquer their legal challenges. In helping our clients reach their goals, we take some inspiration from the mountains.     Looking […]

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Making the Most of Your Free Law Firm Consultation

Nearly all law firms offer a “free consultation.” An initial consultation without cost is like a free estimate to fix a household problem. While legal issues are considerably more complex than common household fixes, treating a “free consultation” like a “free estimate” may be useful. Just as with a common household problem, when it comes […]

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“WFH,” Long Term Disability Claims, and the Implications of the Covid-19 Pandemic

With such intense focus on a single communicable illness, it is easy to forget that we, as human beings, suffer from other illnesses.  Some medical journals are concerned that rates of serious medical conditions may rise as many would-be patients did not seek preventative care during much of 2020. And the trend continues.(https://healthcostinstitute.org/hcci-research/the-impact-of-covid-19-on-the-use-of-preventive-health-care.) “Work from […]

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Keeping Your LTD Claim Approved During Covid-19

The year 2020 will be remembered as a time when working from home became the norm for many in the United States. Some employers have notified the workforce they will not return to their offices until the summer of 2021.  Well, unsurprisingly, disability claims examiners are working from home, too. Many long-term disability claimants may […]

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New Supreme Court Members Have New Take on ERISA

In Thole v. U.S. Bank N.A., No. 17-1712, 2020 U.S. LEXIS 3030 (June 1, 2020), the U.S. Supreme Court ruled, 5-4, that defined pension plan participants lacked constitutional standing to sue over a $750 million loss to their plan because they had not yet missed a benefit payment. Justice Kavanaugh, writing for the majority, brought […]

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The Supreme Court Says, “Actual Knowledge” Means “Actual Knowledge” in Calculating ERISA’s Breach of Fiduciary Duty Statute of Limitations

On February 26, 2020, the U.S. Supreme Court issued its unanimous decision in Intel Corporation Investment Policy Committee v. Sulyma, Case No. 18-1116. https://www.supremecourt.gov/opinions/19pdf/18-1116_h3cj.pdf.  The decision resolves a split in the Circuits concerning the appropriate date by which to measure the shortened statute of limitations for breach of fiduciary duty claims.  The triggering event for the […]