Blog

The Anatomy of an ERISA Long Term Disability Policy:

Posted on August 16th, 2019

How to Read It and Understand It Download PDF Version In an ERISA long term disability (“LTD”) case, one of the most important parts of the case is understanding the terms of the ERISA policy or plan. Thus, a lawyer who practices in this area must have the skills to effectively read an ERISA LTD policy or plan, to identify… READ MORE

Medical Change:

Posted on August 16th, 2019

The relevance of improvement or worsening to disability determination Download PDF Version With few exceptions, our clients’ medical conditions are rarely static. And quite frequently, the medical condition existed prior to the date the client ceased working. Is it proper for an insurer to terminate benefits when there is no evidence the underlying medical condition has improved? Is it proper… READ MORE

U.S. Airways, Inc. v. McCutchen: The Latest News From the Supreme Court on ERISA Subrogation and Repayment.

Posted on August 16th, 2019

By Eric L. Buchanan Download PDF Version The Supreme Court has issued its latest decision in the ongoing saga of what rights plans have to recover health benefits previously paid to plan participants and beneficiaries. In US Airways, Inc. v. McCutchen, ___, U.S. ____, 2013 U.S. LEXIS 3156 (U.S. Apr. 16, 2013), the Court held that plan participants could not… READ MORE

ERISA Litigation and Judicial Notice: Do the Federal Rules of Evidence apply?

Posted on August 16th, 2019

Download PDF Version Litigating long term disability claims subject to ERISA can be a complex and confusing process.  One of the most frustrating aspects of ERISA litigation is that the federal courts’ review of evidence in these cases is very limited.  Courts’ application of this rule is sometimes confusing and conflicting, leaving attorneys perplexed as to how to navigate the… READ MORE

TTLA 55th Anniversary Reflections

Posted on May 25th, 2019

The Tennesse Trial Lawyers has changed my practice, my profession, and my life. From the time Mitch Byrd first asked me to join TTLS, to the time Randy Humble asked me to run for the board and Randy Kinnard welcomed me to the board, and then for the following 16 years until I became President, I have gotten much more… READ MORE

Do I Have to Pay Back Long Term Disability Benefits if I Start Getting Social Security?

Posted on July 14th, 2016

The short answer is: Probably, yes. Social security disability benefits may take longer to receive than long term disability (LTD) benefits from an insurance company. Once you start to receive social security disability back benefits, the insurance company will usually expect you to reimburse them for what they have already paid you, if your insurance policy offsets for social security… READ MORE

Determining Residual Functional Capacity in a Social Security Claim

Posted on July 3rd, 2014

Probably the most important evidence or documents that you need in your Social Security disability case is a report or opinion from your doctor about what your restrictions and limitations are, which means an opinion about what you can or cannot do. Of course, you also need medical records to show why those restrictions and limitations are reasonable, but medical… READ MORE

No Matter Where You Live, The Disability Team at Eric Buchanan & Associates Can Help You Get the Long Term Disability Insurance Benefits You Deserve

Posted on March 31st, 2014

Clients need skilled and experienced representation when they become disabled and file a disability claim and the Disability Team at Eric Buchanan & Associates serve a nationwide clientele. Located centrally in Chattanooga, Tennessee, Eric Buchanan and his disability team know disabled people need money from the disability insurance company that is due to them. Disability insurance companies try to delay… READ MORE

Why Should I Apply for Social Security Disability When I’m Receiving Long Term Disability Benefits?

Posted on February 5th, 2014

ERISA long term disability claims are often easier to win if the insurance company knows you’ve won a claim for Social Security Disability benefits. For one thing, Social Security has much stricter requirements to show “total disability.” Whereas, most long term disability plans only require you to be disabled from your occupation, initially. When you win an SSDI claim, the… READ MORE