Info Library

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The Info Library

Welcome!  The Info Library is an internet-based resource that addresses in one place your questions and concerns about disability benefits, disability insurers, your illness, your occupation, and filing a claim, appeal or litigation.  In other words, a "Wikipedia" for disability claims.  If you would like to automatically receive new posts, please subscribe below.

 

 

Category: Litigation - ERISA

Announcement: ABA Journal Publishes Riemer Hess LLC Article on ERISA Disability Claims Regulations

Litigation ERISA News

Announcement: ABA Journal Publishes Riemer Hess LLC Article on ERISA Disability Claims Regulations 

We are pleased to share that Partner Jennifer L.  Hess and Associate Ryan J.  McIntyre of Riemer Hess LLC have authored an important article in the American Bar Association’s Tort Trial & Insurance Practice Law Journal.  The piece, titled “Assessing the 2018 ERISA Long-Term Disability Claims Regulations: Five Years Later,” provides a critical analysis of the major regulatory changes made in 2018 under the Employee Retirement Income Security Act of 1974 (ERISA). 

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Learn About ERISA Disability Insurance Law

ERISA

Understanding ERISA disability insurance law can be complicated.  How do you know if it covers your long term disability benefits?  What protections does ERISA offer?  How can an ERISA long term disability attorney help with your disability claim?  These are all questions to consider before starting the long term disability insurance claim process.

Below we answer common questions about ERISA disability insurance law and how ERISA affects your long term disability insurance claim.

 

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Q&A: NYC Long Term Disability Attorneys Discuss Their New Book, “ERISA Disability Claims and Litigation (2021)”

Litigation ERISA

Our new book, ERISA Disability Claims and Litigation (2021), authored by New York City ERISA attorneys Scott Riemer and Jennifer Hess of Riemer Hess LLC, offers expert knowledge to successfully file, appeal, and litigate ERISA disability claims. Published by James Publishing, this latest edition discusses updates to ERISA policies, best practices and procedures when handling claims, and more. 

Below, the authors discuss the most common questions they get about their new book.

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When Can You File Your ERISA Long Term Disability Litigation?

Litigation ERISA Strategy - Benefit Value

Introduction

Timing is critical for ERISA long term disability litigation – and a factor claimants often overlook or misunderstand. Failure to file your ERISA litigation at the correct time can have dire consequences for you and your disability benefits.

If you file too early, the court often will dismiss your case, thus costing you valuable time and money spent on preparing your litigation. You may have an opportunity to correct the error of filing too early, as detailed below. However, there are much more serious and permanent consequences if you file your lawsuit too late. If you file after the statute of limitations, your claim will likely be dismissed, and you will be permanently unable to recover your benefits in court.

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ERISA Long Term Disability Lawsuits: What's the Standard of Review?

Litigation ERISA Standard of Review Prepare for Litigation

If you file an Employee Retirement Income Security Act (“ERISA”) long term disability lawsuit, your success will depend heavily on which legal standard of review the court applies.  The standards are anything but equal.  The one used in your case can have a substantial impact on your success.

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