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faqs-on-erisa-disability

Each benefit claim is different depending on the facts of your case, the plan, and the benefits at issue. However, below are some frequently asked questions regarding ERISA disability claims. If you have further questions or your long term disability or ERISA disability claim has been denied, contact one of our experienced ERISA disability attorneys for a free consultation today.

1. What is ERISA? “ERISA” means the Employee Retirement Income Security Act of 1974 – a federal law designed to protect employees who are enrolled in retirement or benefits plans through their employment. ERISA requires accountability of plan fiduciaries and generally defines a fiduciary as anyone who (1) exercises discretionary authority or discretionary control over a plan’s management or exercises any authority or control respecting management or disposition of its assets, (2) renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of such plan, or has any authority or responsibility to do so, or (3) has any discretionary authority or discretionary responsibility in the administration of such plan. In addition to keeping participants informed of their rights, ERISA also grants participants the right to sue for benefits and breaches of fiduciary duty.

2. Who controls ERISA? According to the Department of Labor, there are three separate bodies that administer and enforce ERISA: the Employee Benefits Security Administration, the Internal Revenue Service, and the Pension Guaranty Corporation.

mehr-fairbanks-peterson-wins-15-3-million-jury-verdict-in-magoffin-county
An insurance company ordered by a Magoffin County jury to dish out $15.3 million to the heirs of a Saylersville family will appeal, the company’s attorney said, further extending an 11-year legal battle that likely involves the largest bad-faith insurance verdict in the state’s history.

The jury handed down the verdict late last month, compelling the company to pay the heirs of a family that owned mineral rights for a Magoffin County property where two drilling companies wrongfully extracted about $1.3 million of natural gas more than a decade ago, according to documents filed in the case.

In 2007, about 80 people who inherited mineral rights to the property brought the case against natural gas drilling companies J.D. Carty Resources, LLC., and Anaconda Drilling, LLC., for wrongfully extracting and selling natural gas from the land, according to court records.

what-is-general-anxiety-disorder-gad

Anxiety can manifest in multiple different ways. Generalized anxiety disorder is a common form of anxiety that is classified by the patient experiencing a state of worry and uneasiness, not related to anything, for at least six months.

It is possible to develop generalized anxiety disorder at any age. GAD has similar traits to panic disorder, obsessive-compulsive disorder and other forms of anxiety, however, they all differ.

Living with GAD can be a challenge every day. In most cases, GAD is accompanied by another anxiety or mood disorder. Normally, GAD improves with medication, diet, and psychotherapy. Mediation and learning other coping skills have also been known to help improve the day-to-day life of most patients.

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