Archived
My employer is taking payroll deductions for a pension plan that I never signed up for - is this legal?
James's answer
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Answered on March 02, 2011
Pension plans are governed by the ERISA statute. ERISA requires that pensions be administered in accordance with the terms of the pension plan. ...
Archived
Do I need a lawyer now that I have been laid off while on STD?
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Answered on January 26, 2011
In addition to the answer above, be aware of the terms of the severance agreement and any possible affect it may have on your right to receive...
Archived
All who file STD @ my job are denied even if pre-cert & info by Dr.submitted & 180 day appeal kills financially, what r options?
James's answer
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Answered on January 25, 2011
The ERISA claims process is governed by federal regulations which attempt to provide a "full and fair" review. However, insurance companies are...
Archived
Can an employer terminate an employee after 120 days on FMLA if the employee is receiving disability benefits?
James's answer
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Answered on January 04, 2010
An employee's job status while on disability is often difficult to ascertain. Often, the disability plan describes how an employee shall be...
Archived
Are you allowed to get Short Term Disability through 2 different companies?
James's answer
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Answered on September 21, 2009
Having two disability policies is perfectly legal and may be preferred. Pay close attention to any sections describing the policy's "coordination...
Archived
Will my short term disability pay me while i am in a detox and treatment for substance abuse
James's answer
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Answered on March 18, 2009
Short Term Disability Plans are governed by the Employee Retirement Income Security Act of 1974 and subject to the terms of the Plan. The Plan may...
Archived
Legal responsibility on overpayment of pension benefits
James's answer
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Answered on January 12, 2009
There are certain instances where a plan may seek recovery of benefits mistakenly paid. Your question has far too many variables for a general...
Archived
SSI disability claim denied and not appealing decision
James's answer
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Answered on January 07, 2009
The amount owed to your attorney is subject to the terms of your fee agreement. The vast majority of Social Security cases are handled on a...
Archived
Retirement benefits upon termination
James's answer
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Answered on January 07, 2009
Employee benefit plans are written documents. Generally, the only benefits available to Plan Particpants are those outlined in the Plan itself. ...
Archived
Employment Law
James's answer
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Answered on January 06, 2009
I am not licensed in Florida and am unable to comment on any Florida laws that may apply. However, federal law addresses many aspects of your...
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