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In ERISA long term disability cases there are a number of deadlines. Missing any of them could be fatal to your claim. >Providing Proof of Loss – Most insurance policies will have a deadline for providing proof of your disability. Some require that you submit proof as soon as you know of your injury/illness or disability resulting from those. Others may extend the time period up to a year from when you became disabled. Failure to notify your insurance carrier in a timely manner could result in a denial of your claim. I see this often when a disabled individual has another claim such as a workers compensation claim and they fail to put the disability insurance carrier on notice…Read More

Federal Court refuses to dismiss ERISA claim. Employer’s policy prohibited employees from smoking tobacco products at any time regardless of whether they were in the workplace or not. The plaintiff was fired for having tested positive in a urine test. The purpose of the policy was to save money on medical insurance costs and promote healthy lifestyles among employees. The plaintiff claimed that his termination violated Section 510 of ERISA because the company’s action “interfered with” his participation in the company’s employee benefit plan, which he would have been entitled to had he remained employed. The plaintiff has also filed an invasion of privacy state claim. Rodrigues v. Scotts Co., LLC, 07-10104 (D. Mass. Jan. 30, 2008)Read More

We have all heard the Surgeon General’s warning: smoking is bad for your health. Now, it seems a new label is needed stating that smoking is bad for your job. Recently a Massachusetts employee was terminated form his employment because he tested positive for nicotine. According to the employee, he never smoked on the job or during working hours. He did not smoke during breaks from work or in the presence of other employees or customers of the employer. In his complaint, the employee alleged that the company’s anti-smoking policy violates the Employee Retirement Income Security Act (ERISA) because it discriminates against the participants in the corporation’s health benefits plan for the purpose of interfering with their receipt of medical…Read More

Whether or not you still qualify for disability benefits depends on how much you’re working, how much you’re making, and the specific disability program you are enrolled in. The restrictions on what you can earn are stricter if you are enrolled in the Supplemental Security Income program. Assuming that you have no other sources of income besides your job and SSI, your Supplemental Security Income benefits are reduced by a dollar for every two dollars you earn over $85 in a month. It is entirely possible to earn so much at a job that your benefits stop altogether. If you earn enough to receive no benefits for an entire year, you will have to reapply for the program if you…Read More