Articles Posted in ERISA

This is a hard question to answer. As technology changes over time and offers us new tools that helps us communicate about matters that we normally wouldn’t be able to communicate about, there is risk in utilizing these tools for legal matters – including long-term disability claims and appeals. Artificial Intelligence (AI) is ubiquitous in…

Do you ever get the feeling that someone is watching you? It may be happening, and it may be your insurance company! Do you have a long term disability claim with an insurance company? Imagine waking up in the morning, attending to your daily routine, all while unaware that you could be under the watchful…

At Mehr Fairbanks Trial Lawyers, we are committed to helping individuals navigate the complexities of the Employee Retirement Income Security Act (ERISA). This federal law governs employee benefit plans, including pensions, health insurance, and disability benefits, ensuring protections for employees and their families. Whether you are facing a denial of benefits, seeking clarification on your…

The National Trial Lawyers has chosen Partners Elizabeth Thornsbury and Bartley Hagerman to the “Top 40 Under 40” National Trial Lawyers for 2025! Elizabeth’s National Trial Lawyers profile can be viewed here. Bartley’s National Trial Lawyers profile can be viewed here. Partner Philip Fairbanks is also a Top 100 National Trial Lawyer! Philip’s National Trial…

Congratulations to Mehr Fairbanks’ Partner, Elizabeth Thornsbury, on being selected to the 2024 Kentucky Rising Stars List by Super Lawyers! Elizabeth is listed as a top rated Employee Benefits attorney in Lexington, Kentucky. Selections are determined on 12 indicators of peer recognition and professional achievement on an annual, state-by-state basis. Being named to the Rising…

It is common for employees to obtain long-term disability coverage through their employment as an employee benefit. These policies are typically governed by a federal law called ERISA (this stands for the Employee Retirement Income Security Act). Having access to this coverage should provide comfort to employees in case the unthinkable happens: some life altering…

ERISA Disability An experienced Kentucky ERISA disability lawyer can explain why disability insurance and other forms of insurance that are provided through your employer or union fall under a federal law known as The Employee Retirement Income Security Act of 1974, or “ERISA.” Like many other employee benefits, ERISA disability law is designed to protect…

A pension plan is an employee benefit plan established or maintained by an employer (or employee organization) that provides retirement income for employees. Primarily, pension plans are funded by the employer. More recently, traditional pension plans are becoming less available. Companies have replaced them with alternative plans (like 401(k) retirement savings plans) because they are…

The federal District Courts are beginning to adjust their views on how to best handle ERISA denial-of-benefits cases. Some courts use a modified summary judgment standard unique to ERISA denial-of-benefits cases that are based exclusively on an administrative record and the non-moving party is generally not entitled to the usual inferences in its favor (unlike…

Towards the end of last year, the Department of Labor (“DOL”) released its final rule titled, “Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights.” 87. Fed. Reg. 73822 (Dec. 1, 2022) (the “Socially Conscious Investing Rule”). This new rule is now in effect and the DOL stated one of the purposes of…