Kristopher Robert Alderman’s Answers

Kristopher Robert Alderman

Roswell Employee Benefits Lawyer.

Contributor Level 9
  1. My private long-term disability company says that I will receive a 7% increase each year in my plan booklet. Will not comply???

    Answered over 2 years ago.

    1. Kristopher Robert Alderman
    2. Robert Andrew Kerr
    3. Christine C McCall
    3 lawyer answers

    I agree completely with Ms. Mccall - you should consult with an attorney and you should do so quickly. It sounds as if you may already have some issues with the timeliness of your appeal and you will need a lawyer who understands ERISA to help you get around these problems. Also, ERISA plan administrators usually have discretion to interpret plan language and they are often able to convince courts that their interpretation is not an abuse of discretion, allowing them to prevail even if the...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can a company without the authoriziation of the Union just stop paying into a employee retirement plan.

    Answered over 2 years ago.

    1. Kristopher Robert Alderman
    2. Jeffrey S. Ashendorf
    2 lawyer answers

    The union's failure to communicate with you and other workers is certainly disconcerting. Unions are supposed to protect the workers, but the fact that the union seems to be failing you is not the end of the road. As the participant or beneficiary in a pension plan, you have rights that you can enforce without the assistance of the union. Unfortunately, without knowing a lot more it is hard to sugegst any course of action. Generally, speaking, you need to understand what has happened and why....

    1 lawyer agreed with this answer

  3. KIDNEY STONES-was I protected under any law for being terminated due to having Kidney Stones? Should I be on the no rehire list

    Answered over 2 years ago.

    1. Kristopher Robert Alderman
    1 lawyer answer

    You should contact a lawyer to determine whether you have an FMLA claim. I'll provide some general information, but almost every issue would require more infomration to determine whether you have a claim or not. First, the FMLA only applies to certain employers. Essentially, the employer must employ 50 workers to be covered by the FMLA (there are more specific requirements, but you can discuss those with a lawyer). Second, there will likely be a question about whether your condition...

    1 lawyer agreed with this answer

  4. Do I need a lawyer to help me file for disability benefits?

    Answered over 2 years ago.

    1. A James Rockefeller
    2. Kristopher Robert Alderman
    3. Robert Andrew Kerr
    3 lawyer answers

    Generally, you should be able to file your claim for disability benefits without hiring a lawyer. That way, if the claim is approved initially, then you get benefits without having to pay a lawyer. If your claim is denied, then it is time to consider hiring an attorney. Since your policy uses an own occupation definition of disability, the case will differ substantively and procedurally from the usual work of a social security disability attorney. If the policy is offered through your...

    1 lawyer agreed with this answer

  5. Insurer did not allow an office visit charge (for in-network provider) is this considered an adverse benefit determination?

    Answered over 2 years ago.

    1. Knute Arthur Rife
    2. Kristopher Robert Alderman
    2 lawyer answers

    This is considered an adverse benefit determination. And you can appeal it under ERISA. I understand your frustration in trying to figure out which affiliate you should contact. It's better to find something in writing and then hold the plan to it than to try to comply with whatever requirement the insurance company representative might make up on any given call. The plan document that describes the benefits available to you has a section that sets out the appeals procedures. That section...

    2 lawyers agreed with this answer

  6. My employer and my LTD insurer won't provide me with a copy of my policy, what can I do?

    Answered over 2 years ago.

    1. Mark William Oakley
    2. Kristopher Robert Alderman
    3. Herbert Warren Cooper IV
    3 lawyer answers

    It sounds like your benefits are governed by ERISA. If this is the case, the plan administrator is required to provide the documents you requested within 30 days. If a plan administrator fails to do this, ERISA authorizes a civil action against the plan administrator where the court will have the option to award up to $110 per day for the failure to provide you with the documents. Since you don't have the plan documents, it may be difficult to determine who is the plan administrator. You...

    2 lawyers agreed with this answer

  7. What are my options now, I don't think Walmart want to pay for fixing my car?

    Answered over 2 years ago.

    1. Kristopher Robert Alderman
    1 lawyer answer

    Wal-Mart had no right to keep your car after you paid for the services they provided. Under some circumstances, mechanics may assert a lien for unpaid services, but Wal-Mart didn't have any lien rights against the car since you paid the bill. It sounds like that problem has resolved, as they are no longer denying you access to the car. I would tell Wal-Mart to (1) transport the car to a local machanic that you choose and (2) pay for the mechnics' diagnosis and repair of the damage that Wal-...

  8. Are PRN employee entitled to benefits and are there any laws about PRN employee rights

    Answered over 2 years ago.

    1. Kristopher Robert Alderman
    2. Dean Richard Fuchs
    2 lawyer answers

    I am not aware of any laws about PRN employee rights. Frankly, I would literally be shocked to learn that Georgia had laws about PRN employee rights. Your entitlement to benefits is governed by the rules set by your employer. If you are working 40 hours every week and the company offers benefits to full time employees, there is a good chance that you qualify for benefits. But you have to look to the terms of your employee benefit plan. Assuming you work for a private company that offers...

  9. Do i need a laywer

    Answered over 2 years ago.

    1. Kristopher Robert Alderman
    2. Robert Lewis Schenk II
    2 lawyer answers

    It sounds as if you have two issues. First, your worker's comp claim was denied. It's impossible to know whether you have a good worker's comp claim. You would need to meet with a worker's comp lawyer and present the lawyer with all of the information to make that determination. It sounds as if you may already have some problems with the timeliness of an appeal, so you should do this right away. Second, your company vehicle was taken away. Unless you have a contract or some other...

  10. Where a co retains a professional insurance co to adm their plan and their summary plan does not have conversion rights

    Answered over 2 years ago.

    1. Kristopher Robert Alderman
    1 lawyer answer

    I think there is possibly a cause of action against the plan administrator under these facts, but you would face several hurdles. First, you would have to show that whatever you claim was not disclosed was actually required to be disclosed under ERISA and/or HIPAA. Second, you have a statute of limitations problem, but there may be ways around that since the essence of your claim is that you did not have notice of something that you claim the plan should have notified you of. There is recent...