Category: ERISA
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3 Things That Can Hurt Your Chances of Fighting a Disability Insurance Claim
Read more: 3 Things That Can Hurt Your Chances of Fighting a Disability Insurance ClaimFighting a disability insurance claim denial is hard. The system is set up to favor the insurance company, not the injured person. It takes a skilled, knowledgeable, and experienced ERISA lawyer to guide injured workers through the administrative appeal process and a judicial appeal so they can…
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The Challenge of Getting the Disability Insurance Benefits You’ve Been Denied
Read more: The Challenge of Getting the Disability Insurance Benefits You’ve Been DeniedBringing a legal appeal against an insurance company after a disability benefits denial is an uphill battle. The deck is stacked in favor of the insurance industry in many ways. Let’s take a look at those challenges to see what a Texas ERISA lawyer you can do to give you the best possible chance to succeed. …
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Proving Breach of Fiduciary Duty in Court
Read more: Proving Breach of Fiduciary Duty in CourtIf you believe you have suffered damages as a result of the wrongful actions of a fiduciary, you can sue in civil court. In Texas, your options for recovery if a fiduciary is found guilty of a breach of fiduciary duty could include: Direct and indirect financial damages and recovery of lost…
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What is a Fiduciary Duty?
Read more: What is a Fiduciary Duty?In an earlier article, we discussed who is a fiduciary [link to previous post], that is, who has an absolute duty to act in your best interest. Now we will discuss what is fiduciary duty – what does a fiduciary owe to you? Texas courts have defined a number of “duties” which a fiduciary must strive to uphold. Failing…
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Breach of Fiduciary Duty in Court
Read more: Breach of Fiduciary Duty in CourtIf you believe you have suffered damages as a result of the wrongful actions of a fiduciary, you can sue in civil court. In Texas, your options for recovery if a fiduciary is found guilty of a breach of fiduciary duty could include: Direct and indirect financial damages and recovery of lost…
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I’ve Been Wrongly Denied Disability Insurance Benefits
Read more: I’ve Been Wrongly Denied Disability Insurance BenefitsIf you purchased your disability insurance policy through your employer using a paycheck deduction, then the law that covers your complaint about being wrongly denied disability insurance benefits is a federal law known as ERISA. ERISA was originally designed to protect employees’ pensions, but it…
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Federal Compliance in the Wake of Natural Disasters
Read more: Federal Compliance in the Wake of Natural DisastersAfter what seems like an endless stream of storms and natural disasters from one coast to the other, federal agencies are relaxing compliance and enforcement rules while everyone catches their breath. Title V of a new law, H.R. 3823, Pub. L. 115-63 covers emergency use…
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