SIXTH CIRCUIT KILLS ERISA LTD CLAIM FOR FAILING TO FILE A BENEFITS APPLICATION The typical scenario in a benefits claim works something like this: An employee becomes ill or injured. An employee takes a medical leave of absence. If the employer has sponsored a...
The American Bar Association Tips Section Publishes ERISA Disability Article by J.J. CONWAY, ESQ. The Tort Trial & Insurance Practice Section of the American Bar Association has published an article authored by J.J. Conway, Esq. discussing the history and usage of...
MICHIGAN COURT OF APPEALS: THE STATUTE OF LIMITATIONS IS RUNNING BEFORE THE HARM CATCHES UP. The Michigan Court of Appeals has held that, for the purposes of a claim under the Court of Claims Act, the statute of limitations may begin to run prior to any actual...
A LAWYER’S TOUGH TALK ON LONG TERM DISABILITY INSURANCE CLAIMS In twenty years of handling employee benefit disputes, I have made a few observations on the ways to keep a long-term disability insurance claim in “approved status” or “open” as insurance companies say. A...
STATE BAR OF MICHIGAN PUBLISHES J.J. CONWAY LAW ARTICLE ON ERISA’S CLAIMS PROCESS The State Bar of Michigan has published an article authored by J.J. Conway, Esq. discussing the judicially mandated administrative claims process required by ERISA Section 503, 29 U.S.C....
COURT RULES THAT ERISA DISABILITY APPEAL REQUIREMENTS MUST APPEAR IN PLAN TO BE ENFORCED The United States District Court for the Eastern District of Michigan has held that an insurer must advise a long-term disability claimant of its internal appeal requirement...
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