Questions answered by John Philip Stennett

Archived

I got a check for spouse life insurance but not the amount I was expecting. The check does not have release signature required.

John's answer | Answered on May 13, 2015

Generally you can cash an insurance payment as the undisputed amount owed and continue to claim more benefits are owing. However to be safe you...

Archived

Lump Sum Cash out value of ERISA LTD benefits through settlement

John's answer | Answered on May 13, 2015

$25,000 is about right. They will reduce the total number to present value and then pay around 65% of that number. A lump sum settlement should not...

Archived

How can my dad collect on a life insurance policy for his deceased wife?

John's answer | Answered on May 11, 2015

If the trust was dissolved then the life insurance would go to the secondary beneficiary. If a second beneficiary was not named then it would go to...

Archived

Employer Misled Regarding Taxes On Long Term Disability

John's answer | Answered on May 05, 2015

The IRS is only going to look to you for any taxes owed. Whether you owe taxes or not would best be answered by a tax attorney. Thus collect all...

Archived

How do I get my disability claim approved?

John's answer | Answered on April 23, 2015

Assuming you worked for a private employer, your claim would be governed by Federal law known as ERISA (Employee Retirement Income Security Act)....

Archived

How do I find an attorney to Sue for short term disabity benefits denial in El Cajon Ca

John's answer | Answered on March 17, 2015

Your employer's Plan is governed by Federal law known as ERISA (Employee Retirement Income Security Act). If you have exhausted your administrative...

Archived

LONG tERM dISABILTY dENIED....for the wrong issue

John's answer | Answered on March 12, 2015

It would be easier to appeal and correct the claim with the first LTD insurer. There may not be coverage with the second insurer for preexisting...

Archived

My sister pasted away aug 2013 she worked in payroll , had an insurance policy but we were denied, appealed decision

John's answer | Answered on February 25, 2015

Your question raises several issues. It would be important to know how much time passed between when she left work and her death, if she was given...

Archived

Dad received LTDI payments, we are now told possible overpayment because of Pension payments. Recovery question.

John's answer | Answered on February 05, 2015

Under an employee benefit plan governed by the Federal law known as ERISA (Employee Retirement Income Security Act) insurance companies have no...

Archived

ERISA plan bad faith/ breech of fiduciary duty; if insurance co commits fraud, does this open up torts- bad faith potential?

John's answer | Answered on January 30, 2015

You cannot recover "bad faith" damages in an ERISA claim. Federal law preempts state laws involving bad faith damages. You can recover the benefits...

John Philip Stennett's Answers (100)

I got a check for spouse life insurance but not the amount I was expecting. The check does not have release signature required.

Lump Sum Cash out value of ERISA LTD benefits through settlement

How can my dad collect on a life insurance policy for his deceased wife?

Employer Misled Regarding Taxes On Long Term Disability

How do I get my disability claim approved?

How do I find an attorney to Sue for short term disabity benefits denial in El Cajon Ca

LONG tERM dISABILTY dENIED....for the wrong issue

My sister pasted away aug 2013 she worked in payroll , had an insurance policy but we were denied, appealed decision

Dad received LTDI payments, we are now told possible overpayment because of Pension payments. Recovery question.

ERISA plan bad faith/ breech of fiduciary duty; if insurance co commits fraud, does this open up torts- bad faith potential?