ERISA and the Department of Labor
Attorney, Keith R. Siskind of the Law Offices of Steinhardt, Siskind and Lieberman, LLC, attended the American Conference Institute for Litigating Disability Insurance Claims in Philadelphia from 2/21/18 – 2/23/18. This seminar focused on a variety of topics regarding the filing, appealing and litigating of disability insurance claims.
There is an abundance of discussion regarding the implementation of the changes to the Department of Labor Regulations applying to ERISA disability insurance claims that are filed on or after April 1, 2018. These changes will alter the manner in which a claims administrator must satisfy the full and fair review process under the claims regulations. For example, a claims administrator must address the opinions of medical or vocational experts and explain the basis for their disagreement. Furthermore, in a case where a claimant has been awarded Social Security Disability benefits, a claims administrator must provide a specific rationale for their disagreement with a favorable decision of the Social Security Administration. The claims administrator must also provide a claimant with an opportunity to respond to the opinion of a peer review physician, or independent medical opinion, before issuing a final adverse decision. Finally, if a claims administrator fails to strictly adhere to the regulatory requirements then a claimant may be in a position to deem their administrative remedies exhausted and proceed with a lawsuit.
These are important changes to the Department of Labor Regulations and make it even more critical for a claimant to seek the services of an experienced ERISA attorney. An attorney can be helpful to a claimant in navigating the Department of Labor Regulations, acquiring additional information to support your claim, and assisting with replying to requests from the disability insurance carrier. Furthermore, an experienced ERISA attorney can be helpful in monitoring whether or not the claims administrator is complying with the Department of Labor Regulations.
From the Law Offices of Steinhardt, Siskind and Lieberman, LLC in Glen Burnie, MD, attorney Keith R. Siskind, has handled claims for short term and long term disability benefits for more than 20 years. Mr. Siskind devotes a majority of his practice to appealing and litigating disability insurance claims. If you have been denied short term or long term disability insurance benefits, or would like to discuss disability insurance benefits that you may be eligible to receive, please contact Keith R. Siskind at the Law Offices of Steinhardt, Siskind and Lieberman, LLC for a free initial consultation.