ERISA Disability Claims and Litigation offers detailed knowledge to successfully file, appeal, and litigate ERISA disability claims.
Our experienced ERISA attorneys, Scott Riemer and Jennifer Hess, share their strategies for handling all aspects of the disability claims process. Disability insurers will look for any justification to deny benefits. With the tips and insights shared in ERISA Disability Claims and Litigation, you can refute the insurer’s tactics and win your client the benefits they deserve.
ERISA Disability Claims and Litigation also addresses significant changes in the law. Specifically, the book provides an overview of the ERISA procedural claims regulations adopted by the United States Department of Labor effective April 1, 2018, along with strategies to maximize these requirements to your client’s advantage and avoid traps set by the insurer.
For more information about the book, click here.
Filled with practical strategies and helpful templates and forms, this book teaches you how to assemble a compelling case that your client meets the policy’s standard of disability.
Abbreviated Table of Contents
Chapter 1: How to Screen Cases
Chapter 2: How to Understand the Policy
Chapter 3: ERISA’s Regulatory Requirements
Chapter 4: How to Apply for Benefits
Chapter 5: How to Prove Disability
Chapter 6: How to Protect Your Client’s Ongoing Benefits
Chapter 7: How to Appeal a Denial or Discontinuation
Chapter 8: How to Evaluate the Post-Appeal Claim
Chapter 9: Additional Appeals
Chapter 10: How to Litigate an ERISA Disability Claim
ERISA Disability Claims and Litigation gives you the knowledge you need to handle the full spectrum of ERISA disability claims. This book significantly supplements and updates its predecessor, An Attorney’s Guide to ERISA Disability Claims, which was written by Scott Riemer and published by James Publishing in 2014. Like the earlier book, ERISA Disability Claims and Litigation offers extensive information about claims filing and appeals but it greatly expands the earlier volume to include new chapters on:
- Case screening and intake procedures;
- Understanding ERISA disability policies;
- ERISA regulatory requirements;
- Protecting your client’s ongoing benefits; and
- Litigating ERISA disability claims in federal court.
The authors offer valuable insight and tips at each step. The book’s extensive appendix of sample practice forms, templates, and communications makes it easy to apply the authors’ work to your own practice.
Q&A: NYC Long Term Disability Attorneys Discuss Their New Book, “ERISA Disability Claims and Litigation (2021)”
Why did you write ERISA Disability Claims and Litigation?
Answer: Education and empowerment have always been the cornerstone of the Riemer Hess philosophy. By sharing the information other lawyers prefer to keep quiet, we work to demystify the disability claim process for those in need.
We've long felt that the public lacked a comprehensive resource that explains the legal side of the disability process. This was why Scott first wrote An Attorney's Guide to ERISA Disability Claims (2014), and why our website contains a fountain of knowledge explaining all aspects of the disability claims process in layman's terms.
Is the book just for attorneys?
Answer: Although the book is written with an audience of attorneys in mind, it contains a lot of information helpful to individual claimants when navigating through the murky waters of ERISA disability claims.
What is the difference between ERISA Disability Claims and Litigation and your prior book, An Attorney's Guide to ERISA Disability Claims?
Answer: Our new book, ERISA Disability Claims and Litigation, significantly expands on the 2014 book (An Attorney’s Guide to ERISA Disability Claims). There are three (3) main differences:
- Our new book covers updates in ERISA regulations, which became effective in April 2018;
- Our new book substantially expands the appendix of practice letters, forms, and other sample documents; and
- Our new book covers the ins-and-outs of litigating long term disability claims, which the 2014 book did not tackle.
Why did you add the litigation chapter in your new book?
Answer: We want to share our knowledge and experience with other plaintiffs' attorneys who might be interested in litigating these matters.
Litigating an ERISA long term disability claim as a plaintiffs’ attorney can be a complicated and daunting process. After all, it is the plaintiff against an insurer that has copious resources at its fingertips. Litigating these matters as a plaintiffs' attorney is an important one. In addition to helping our clients, we also are helping to keep insurers’ abusive and wrongful tactics in check. Every win has the potential to help future claimants by deterring insurers from engaging in similar tactics.
That’s why our new book’s litigation chapter covers how to litigate an ERISA long term disability matter from beginning to end. It covers:
- Determining the standard of review;
- The complaint;
- Defendant’s response to the complaint;
- Settlement discussions;
- Motions for summary judgment;
- Further litigation and trial; and
- Attorney’s fees.
Does your book cover Social Security Disability claims?
Answer: No. This book does not cover other disability benefits, such as Social Security Disability benefits or workers’ compensation benefits. ERISA long term disability is a highly niche practice area distinct from other benefits. Our firm only handles long term disability claims. We work with other highly qualified and trusted attorneys to handle our clients’ Social Security Disability and workers’ compensation claims.
How can I reach out to you if I have a suggestion for your next book?
Answer: We love suggestions! Please feel free to contact us with any feedback.
The long term disability ERISA attorneys at Riemer Hess LLC have been providing critical guidance to disabled individuals for over 25 years. Education and empowerment have always been the cornerstone of the Riemer Hess philosophy. Please feel free to read more of our articles for information on all aspects of long term disability insurance claims.
This content does not constitute legal advice, nor should it be used as a substitute for consultation with a qualified attorney. Always consult with a long term disability attorney for guidance.
Our long term disability attorneys at Riemer Hess are committed to sharing their expertise and knowledge about long term disability claims through online blogs, publications, and courses. With over 25 years of experience, our firm has built a trusted and respected practice dedicated to protecting the rights of individuals with disabilities. To learn more about ERISA Disability Claim and Litigation (2021) and to purchase a copy today, read more here.
Interested in filing a long term disability claim? Give us a call at (212) 297-0700 or click the button below to schedule your consultation.