Long term disability insurance matters involve a combination of traditional contract and insurance law and ERISA law. The federal rules governing ERISA disability insurance policies apply to nearly half of the claims we are involved with and are for those purchased or provided through an employer (group policies). Additionally, when these cases do reach the point of litigation, they are heard only in Federal court. Private or individual policies are the next category of LTD cases, purchased by white collar and medical professionals. Other types of disability insurance coverage include association policies (offered through medical or other professional organizations).

This course will offer insight into effectively navigating the challenges presented by group policies including knowledge of the federal laws of ERISA (Employee Retirement Income Security Act of 1974) and the accompanying restrictive administrative process. Success requires specific substantive and procedural knowledge and the failure to adhere to strict time requirements can often be fatal to a claim (and potential malpractice).

This CLE course will review the differences between the different kinds of disability insurance policies, and which legal challenges are presented when denials, delays and wrongful terminations occur. It will also present substantive insights used to attack ERISA claim denials during the administrative appeal process, while preparing the claimant’s record for Federal litigation. This CLE course will review the issues surrounding the process leading from initial claim through appeal and into litigation. Long term disability insurance matters are different than many other insurance issues, particularly when they are governed by ERISA. Success requires knowledge of ERISA regulations, insurance sector business practices, litigation experience, and some fluency in medical issues.