James R Comerford's Answers

All who file STD @ my job are denied even if pre-cert & info by Dr.submitted & 180 day appeal kills financially, what r options?

The ERISA claims process is governed by federal regulations which attempt to provide a "full and fair" review. However, insurance companies are sometimes able to take advantage of individuals unfamiliar with these regulations. To ensure your claim or the claims of your coworkers are handled properly, I would suggest contacting an attorney that specializes in ERISA. James R. Comerford Comerford Law Office, LLC 150 N. Michigan Ave., 28th Floor Chicago, Illinois 60601 312.863.8572 312....

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My employer withholds money for an ira,but keeps it for themselves

If amounts are deducted from your paycheck and placed in a defined benefit plan (IRA, 401K, etc.), your employer and the plan administrator are subject to the ERISA laws. ERISA places certain requirements on employers, including how the money may be invested and the rights of the employee to determine the status of his or her account. It appears your question is far too specific for a general answer. I would suggest contact an attorney well versed in ERISA. James R. Comerford Comerford...

Can an employer terminate an employee after 120 days on FMLA if the employee is receiving disability benefits?

An employee's job status while on disability is often difficult to ascertain. Often, the disability plan describes how an employee shall be treated while receiving disability benefits. I would suggest contacting the Plan Administrator for a copy of the relevant disability plan and consulting an attorney to discuss the matter in detail. NOTE: The answer above is for informational purposes only. It does not constitute nor should it be used as legal advice. James R. Comerford Comerford...

Retirement benefits upon termination

Employee benefit plans are written documents. Generally, the only benefits available to Plan Particpants are those outlined in the Plan itself. If an employer or Plan Administrator knowingly makes misrepresentations to induce participants to take actions that reduce their benefit amount, a plan participant may have a cause of action for the resulting reduction in benefits. I would suggest contacting an attorney familiar with the ERISA law. James R. Comerford Comerford Law Office, LLC...

Do i need a pension lawyer

John, Whether or not you are/were entitled to your father's pension is determined by the terms of the pension plan itself. You simply indicate that Bic informed you the check must be returned. IF Bic indicated you were not eligible to receive benefits under the terms of the Plan, Bic Pen should have provided a written response, detailing specific reasons why you were not entitled to benefits. The statute of limitations may present a problem as your claim is roughly seven years old, and...

Health Insurance through employer: When does it end?

Details regarding the exact date your health coverage ceased would depend on the language of the health plan. Per your description, your claim is governed by ERISA and you should request a copy of the Plan from the Plan Administrator to determine that date. As indicated above, you are also COBRA eligible.

Short - term and Long term disability pitfalls

The period of time you remain on short term or long term disability is determined by the terms of the relevant plans. Whether the STD plan is more favorable than the LTD plan is also determined by the terms of the Plan. In order to answer the questions you pose, you need to consult your plan(s) and, if you do not have them, contact the Plan Administrator to receive a copy. Regarding your second question, it appears that your claim is subject to ERISA. ERISA is a very specific statute...

My wife had file for disability two years ago and just know got her disability with her back pay. she has a disability policy

From what you describe, it sounds as though your wife received disability payments from an ERISA disability plan. Most plans contain language requiring the insured to reimburse the plan for amounts paid by Social Security. To determine whether the plan is entitled to reimbursement, obtain a copy of the relevant plan and have a lawyer review its terms.

Can my emloyer cut of my benifits while I am on disability for a few months? And if they can ,how do I get on Medical.?

Whether or not you are entitled to benefits (health care, dental, etc.) while on disability is determined by the language of the benefit plan. I would suggest obtaining a copy of the relevant health plan and/or disability plan and having an attorney review the plan to determine eligibility.

Pension benefits of deceased husband

In writing, contact the Plan Administrator asking for a copy of the pension plan as well as a copy of your deceased husband's election form. As the wife of a deceased, you are a beneficiary (at least potential) and should be able to submit a claim. If you have any questions, contact an attorney who specializes in ERISA law.