Employers Accused of Using Federal ERISA Law to Deny Benefits

July 7, 2008

  • July 7, 2008 at 3:28 am
    media mogul says:
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    Just like Karl Rove.

    When Karl’s writings become so on target and relvant, we know we are in deep trouble–either one of them’s writings.

    Sigh….

  • July 7, 2008 at 3:38 am
    Agent says:
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    BASED on your implied assumption you are correct Einstein!!! HOWEVER, the article didn’t say that. Since when is it a companies duty to cover pre-existing conditions if he did have cancer prior to obtaining his job there? Did He have cancer prior to starting the job? Does not say. If he was married how come he didn’t have a life policy upon getting married? I KNOW, I KNOW, it could happen to me syndrome!!!!! Didn’t ENRON teach you anything, sure there are unethical bus. owners but are all companies like them? I don’t think so.

    I’m still trying to figure out why it’s the companies fault that the CEO’s who supposidly make all the money/perk’s are too blame? That’s the intent of the BLOG. Always a company’s fault. KEEP LOOKING FOR YOUR GOV’T to bail you out. Your entitlement mentality will continue to put this great country in peril.

    “YOU ARE OWED NOTHING IN LIFE”. If it’s so dam easy then why do you start your own company and then you’ll get all the perks. Your wife can kiss you as you go out the door and say “HAVE A NICE DAY AT THE CAKEWALK, HONEY!!!”. Learn about benefits, cash flow and making payroll. Then come read me a poem, but not before.
    I’ve got family with cancer, I’ve got family whose husband died w/out enough life insurance but they said it couldn’t happen to them. Spare me the song and boo hoo!!!!! This why mommy said life is not fair!!!!

  • July 7, 2008 at 3:54 am
    Hal says:
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    LOL – that proves my point about not being a commie. How could I ever overlook that misspelling? Thanks for the correction there Mogulsan. As for Karl Rove, and the rest of these One Worlders, that bolt of cloth just keeps them coming.

  • July 8, 2008 at 10:07 am
    Agent says:
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    Your response is warrented, almost sounds Lawyer “ish”. Here’s what you forgot to mention. As a agent, and yes Life Insurance is one of the products, EVERYONE CLIENT KNOWS that if you have “GROUP LIFE(employer plan Life Ins.)” it(Group Life) WILL NOT PAY IF YOU GO ON DISABILITY CLAIM. Therefore, if you have group life and you go on disability claim, and your company is paying you disability, the group life policy will not pay, period. I beg you to go ask your H.R. person. THERE is NO COMPANY IN THE USA that will pay a death claim if the party is on disability through the GROUP PLAN. NO COMPANY!!!! Again ask your H.R. person this, I beg my clients to ask, the one’s that do ask find out real quick how good that GROUP LIFE POLICY IS. Yes it’s the cheapest, but something tells me “YOU ALWAYS GET WHAT YOU PAID FOR”.

  • July 8, 2008 at 11:47 am
    Joe says:
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    Agent, your ignorance regarding the issue at hand is nothing less than entertaining. This is not a debate about what type of coverage would have been more beneficial for the Amschwands, but rather the error on Spherion’s end of not fully disclosing the terms of the insurer change, and what would be required for coverage to continue. They did not deny coverage because he was on disability, but rather, that he did not meet the work requirements for coverage to be in effect. Not sure what the laws are in your state, but any material change in insurance coverage or conditions of coverage that affect a policyholder must be made aware to the policyholder in writing. In addition, the fact that Spherion had waived the “one day of work” requirement for other employees, but not for an employee that was likely going to die of cancer in the near future, makes this case stink of corporate greed just a little bit more.

  • July 8, 2008 at 2:53 am
    agent says:
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    Shall I now bow down and recognize you holyness? My ignorence? Corporate GREED?
    WHO’s your pay check coming from. WHAT CORPORATE RAIDER/Crook company do you work for? An EVIL OIL COMPANY, or EVIL INSURANCE COMPANY. Oh you are a lawyer, FIGURES!!! Oh own your own company? How long have you been opporating ETHICAL?????
    Based on your premise you all are all crooks.
    FORGIVE ME OH GREAT ONE, OH LORD
    DARTH VADER. NOW GO HUG YOUR BONGO.

  • July 8, 2008 at 4:50 am
    Joan M Wetherell says:
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    This is a typical sneaky insurance company tactic, and there should be something in Federal law that requires notification of a change in terms or of requirements. Re: the “ASSumed” comment: it is grossly unfair to people who have done everything they knew to do to comply; and have been told by their benefits department that they have done everything (i.e., lied to). There is no way to anticipate all the possible requirements/barriers a company can put on benefits.

  • July 14, 2008 at 10:57 am
    ad says:
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    Agent, thanks for the info. I will get my contracts from my employer and read them. Hate to say it, but it is OUR fault if we do not take the time to read the contracts, NOT THE BIG RICH CORPORATION. I’m as guilty as the next guy in not making the time to read the paperwork, and I do know better.

  • July 14, 2008 at 11:08 am
    Timothy George says:
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    Reading such stories such as this clearly shows the need for legal clarification on ERISA by the supreme court along with restitution to the beneficiary. The company clearly was wrong as was their insurance company. Shame onboth of them.

  • July 14, 2008 at 4:49 am
    Kay says:
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    Agent – this is very interesting news – “GROUP LIFE(employer plan Life Ins.) it(Group Life) WILL NOT PAY IF YOU GO ON DISABILITY CLAIM.”

    I’ve been on hold with my plan administrator (parent company) for 45 minutes; they can’t say whether you are correct or now…. which now has me nervous!

    Guess it’s time for me (at 32) to shop for some outside life insurance.

    I’m taking this to mean, for example, if I’m out on disability (be it short or long) for, say, cancer treatment, and die, that my beneficiaries will not receive my life insurance?!?!?! shocking and very concerning if correct…



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