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Recent Blog Posts

ERISA NEWS: NEW DRUG PRICING LAWSUIT FILED UNDER ERISA

Express Scripts Inc. and Anthem Inc. are accused in a proposed class action of breaching their ERISA fiduciary duties (i.e., their obligations to the thousands of employees promised prescription drug coverage by the employer) by entering into a 10-year, multibillion-dollar prescription-drug agreement that caused plan participants to overpay for benefits ( Burnett v. Express Scripts,… Read More »

Auto Accident Checklist

Motor vehicle accidents can cause substantial physical damage, and they’re often the result of someone’s negligence or irresponsible actions. If you’re dealing with injuries in the aftermath of a car crash, speak with an experienced lawyer at Silvern & Bulger, P.C. Our Wheat Ridge attorneys have been serving injured Coloradans since 1977. We give you… Read More »

Fight the Good Fight; Nasca v. State Farm

Nasca v. State Farm Mutual Auto Insurance Co., 12 P.3d 346 (Colo.App. 2000). We are proud of every case we handle.  Whether it is one of the thousands of quite settlements we have negotiated over the past 30 years, or one of the many cases we have fought all the way to trial (or on… Read More »

I Was in a Car Wreck; How Do I Know Who is at Fault?

One of the most important aspects of any car accident injury claim is determining who or what was at fault for the crash. This can also be one of the more complicated issues (and one that the insurance companies tend to fight most often).  Don’t take the insurance company’s word for it!The following are some… Read More »

COBRA, HIPPA and My Medical Benefits

COBRA & HIPPA (the Consolidated Omnibus Budget Reconciliation Act and Health Insurance Portability and Accountability Act) are parts of a broader and complex Federal statute called the Employee Retirement Income Security Act of 1974 (ERISA). ERISA, or the Employee Retirement Income Security Act of 1974, is a complex piece of Federal legislation that deals with… Read More »

SSDI or ERISA?

Often, potential clients are unsure of what type of disability benefit claim they have.  While there are many Federal, State and local programs that may apply, there are 3 primary sources of disability benefits;  Social Security (SSDI);  benefits offered through a group plan, usually by an employer-sponsored plan;  and private policies.  All 3 are different,… Read More »

What is the Administrative Record and why is it important?

Your ERISA claim (life, medical, or long or short term disability) has been denied, and the insurance company is referring to “the Record” or “the administrative record.” So what is that? ERISA cases, unlike most civil cases, are not decided based on evidence generated during your lawsuit such (including the testimony of your medical providers). … Read More »

I forced myself to keep working … can I still go on long term disability?

This is a complex question, but a common one.  Many injured and disabled employees keep working longer then they should, and do so for many reasons.  Sometimes it is financial pressure, or it may be the desire to keep doing what he or she always has after building a successful career.  Insurance companies often use… Read More »

What job are they looking at? ERISA and the “own occupation” policy

  Your disability policy says that you are disable if you cannot perform the tasks needed for your “own occupation.”  But, when your long term disability claim is denied, the insurance company is not looking at what you do, but instead at your occupation as it allegedly exists in the “national economy.”  Can they do… Read More »

ERISA standard of review

In every case, the Court applies a certain standard of review, or the legal standards that will govern the claim.  Many people are familiar with the 2 most common;  the “reasonable doubt” standard that applies in criminal cases, and the “preponderance of the evidence” standard that applies to most civil claims.  ERISA —  of course– … Read More »