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Austin Insurance Law Blog

ERISA and retaliation

ERISA -- the Employee Retirement Income Security Act of 1974 -- is designed to protect workers who have employer-sponsored retirement benefits and health plans. One way it does this is by imposing minimum standards on these plans. ERISA also protects the rights of the...

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Understanding an ERISA claim

The Employee Retirement Income Security Act of 1975 (“ERISA”) is a federal statute that was passed to ensure the fair treatment of employees who are covered by an employer-funded health and disability insurance plan. The federal law does not directly provide any...

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Reasons for ERISA claim denial in Texas

Under the Employee Retirement Income Security Act (ERISA), employers are required to ensure that employees receive the long-term disability (LTD) benefits they are entitled to receive. However, ERISA claim denials are more common than people realize. As you begin your...

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The ERISA claim and appeal process

Being insured is important for residents in Texas and elsewhere. With a traditional insurance company, a claim is filed based on the terms of the insurance contract. Thus, if an insurer refuses to pay a claim for a benefit, it is possible for them to file a suit in...

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Common ERISA violations

The Employment Retirement Income Security Act provides oversight and structure for private health plans, retirement plans and pensions. ERISA is not a plan itself but a set of rules that set minimum standards for the operation of these plans to protect workers from...

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What is ERISA and what does it do?

ERISA can provide many important protections for workers with concerns about their insurance and insurance claims that are being unreasonably delayed or denied. ERISA stands for the Employee Retirement Income Security Act and is important for insurance claimants to be...

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3 key car insurance terms to know

Ever since you started driving, you likely had auto insurance. Like most people, you probably pay for this insurance to protect your interests in the event of a car accident you cause or another person causes. According to the Insurance Information Institute, people...

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The duties of a fiduciary under ERISA

The Employee Retirement Income Security Act (ERISA) is the federal law that sets minimum standards for retirement plans in the private industry. One way that ERISA protects the assets in your retirement plan is by ensuring that those who have control over their assets...

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Understanding ERISA claims

Employees who participate in retirement plans work hard for years, depending on the knowledge that their benefits will be available for them when they are ready to retire. Unfortunately, sometimes their employers try to get away without giving these employees the full...

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Does the DPTA really protect you?

If you believe you have been subjected to fraud by someone masquerading as an insurance company, the Texas Deceptive Trade Practices Act (DPTA) is supposedly in place to protect you. However, the language on the Attorney General’s website states that you only have a...

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How to file an ERISA claim

Disability payments are essential for employees to maintain their standard of living after they are unable to work due to a workplace injury. Unfortunately, not all employer insurance companies in Texas wish to pay what is owed to the employee. When the company denies...

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When is COBRA a good idea?

There is good healthcare available in Texas, but it is unlikely you would be able to easily handle the cost on your own. Your employer's group health care plan provides a crucial safety net: If you or your family members were to get injured or fall ill, the financial...

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Your rights under ERISA

Employers typically present group healthcare plans as important employee benefits during the hiring and contract negotiation processes. Unfortunately, Texas insurers are not always enthusiastic about paying up — even when the people make claims...

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3 things you should know about ERISA

If you have filed a claim with your health insurance only to have it denied, you know just how frustrating it is to face this situation. There is a myriad of reasons this might occur, but the result may leave you feeling as though you have hit a dead end. Many...

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3 things to do if your health insurance claim is denied

How a recorded statement can affect your insurance claim

Texas state laws require every individual who owns and operates a motor vehicle to carry insurance. When you get in an accident, you expect your insurance company will take care of the damage and your medical bills.

Insurance company adjusters obtain something called a recorded statement after filing a claim, and your answers affect how the insurance company proceeds. What is a recorded statement?

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