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ERISA Appeals

If your claim for Short Term Disability, Long Term Disability, medical or other benefits have been denied …  and the claim is governed by ERISA …  you have the right to appeal.  You not only have the right, but you are probably required to file an appeal. When filing an appeal, it is critical to… Read More »

Colorado Subrogation Law and ERISA

Colorado has law that addresses the reimbursement of health insurance carriers following a personal injury settlement or verdict at trial. That law limits the ability of a “payer of benefits” …  in other words a health insurance company  ….  to seek reimbursement of benefits in a personal injury claim “only if the injured party has… Read More »

Employee Benefit Claims

For many of us, our employee benefits are as important as our salary. Our benefits can include medical, dental, life, accident, long term disability and short term disability benefits.  When those benefits are taken away, or if the employer or insurance company does not live up to their promises, it is important to get help… Read More »

Medicare Open Enrollment To Begin Soon

Each year, Medicare has an open enrollment period.  This year, the period is from October 15-December 2, 2019.  It is important to review your insurance options during this period, to help you and your family prepare for the upcoming year.  For more information, click here. At Silvern & Bulger, PC, many of our clients have… Read More »

The New Battle: ERISA Venue Provisions

In their never-ending search for advantage, many employers and insurance companies are now adding venue provisions to their group policies.  In short, these provisions require the insured-employee to litigate their claims thousands of miles from where they work and live, which often increases the cost of the litigation dramatically.  Before you “give in” to one… Read More »

What are clients saying about us?

 A recent review from our Facebook page ……  Chana Guy reviewed Silvern & Bulger, P.C., Attorneys & Counselors at Law — 5 star Yesterday at 11:20am · Tom Bulger is the best! His fees are so reasonable and he explains them right up front. No confusing contracts. Tom is responsive to his clients needs and… Read More »

ERISA and the Statute of Limitations

Every type of case has its own Statute of Limitations (the period that the law gives you to file a lawsuit to protect your rights).  These limitation periods can vary from State to State, between the State and Federal Court system, and even from Judge to Judge.  To complicate matters, certain insurance companies offering health,… Read More »

ERISA and Change of Venue

You live in Colorado.  You work here.  Your employer’s insurance company denies your disability or medical benefit claim, and tells you that your policy requires you to file your lawsuit in some far away jurisdiction like Delaware or Missouri (based on a clause in the policy you never saw, let alone agreed to).  What are… Read More »

I Have to Appeal a Denial of an ERISA claim; Do I need a Lawyer?

The short answer …. in most cases, yes. In most cases under the Employee Retirement Income and Security Act (ERISA), the Court will decide the case based on the Administrative Record.  The “Record” is made up, in most cases, of the documents and information that you submit during the initial claim, and during the appeal. … Read More »

WHO DO YOU FIGHT IN ERISA?

The vast majority of employee benefits, including long term disability, short term disability and medical benefits, are governed by ERISA.  Surprisingly, there are relatively few insurance companies and related companies that insurer these claims (and we have worked with, and stood up against, the vast majority of them!).  This includes: CIGNA The Hartford Reliance Standard… Read More »