ERISA Long-Term Disability Claims: Appeal Strategies, Rights and Protections, Best Practices for Counsel

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
ERISA
- event Date
Wednesday, June 14, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide ERISA attorneys with a comprehensive overview of the appeals procedures and strategies for handling ERISA long-term disability claims. The panel will discuss how to file a strong appeal for long-term disability benefits subject to ERISA, protection and rights for long-term disability claimants, pitfalls to avoid in handling appeals, and other vital issues.
Faculty

Mr. Lavella is a lawyer that represents disabled individuals before the Social Security Administration and U.S. federal courts. He serves as an attorney for those who were denied Social Security disability benefits, short term disability insurance benefits, and long term disability insurance benefits.

Mr. Maynard is a shareholder at Hawks Quindel’s Milwaukee office, where he has practiced since 2013. Since that time, he has represented employees in claims for unpaid minimum wages, agreed-upon wages, and overtime pay; long-term disability benefits; short-term disability benefits; Social Security Disability benefits; race discrimination; sex discrimination; sexual harassment; severance agreements; and non-compete agreements. Mr. Maynard is admitted to practice before the Supreme Court of the United States, the Supreme Court of the State of Wisconsin, and the United States Court of Appeals for the Seventh Circuit, as well as the United States District Courts for the Eastern Districts of Wisconsin, Michigan, and Missouri, and the Western District of Wisconsin.

Throughout his 30-year career, disability attorney Mr. Tucker has established a reputation for providing top-notch representation for individuals filing for disability benefits and insurance claims. He leads a dedicated legal team with more than 40 years of combined experience helping individuals from all walks of life get the insurance or government benefits they deserve.
Description
Different approaches are necessary when handling long-term disability claims because of varying contractual provisions. ERISA attorneys must completely understand ERISA rules, appeal procedures, and effective tactics to ensure a successful appeal when claims are denied.
Under ERISA, a long-term disability claim lawsuit cannot be filed until administrative remedies have been exhausted by filing an appeal disputing the denial under the procedures set out in the SPD and plan document. Attorneys must recognize the critical steps under the plan documents, provide all evidence to appeal an ERISA long-term disability benefits denial successfully, and preserve the best possible file for any potential litigation.
Listen as our panel discusses how to file a strong appeal for long-term disability benefits subject to ERISA and protection and rights for long-term disability claimants. The panel will also discuss the most common reasons for denial and identifying viable arguments and methods to maximize chances of success.
Outline
- Key considerations and provisions for SPDs and plan documents
- Impact of ERISA on long-term disability claims
- Rights and protections for claimants
- Appeal procedures and pitfalls to avoid
Benefits
The panel will review these and other key issues:
- Identifying areas of concern for long-term disability claims under ERISA
- Determining the applicability of ERISA requirements to current benefit plans
- Conducting an internal review of claims and appeals processes, plan language, and notices
- Rights and protections for long-term disability claimants
- Techniques to ensure a successful appeal when a long-term disability claim is denied
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