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There have been gradual changes in the ERISA law which can affect your case in the worst of ways. The most disconcerting change is many courts refusing to allow subsequent responses to new information submitted by claims administrators with their final appeal of claims. In the parlance used by practitioners such as myself, such behavior […]

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By Scott B. Elkind, Esq. In 1974, the United States Congress in its infinite wisdom passed the Employee Retirement Income Security Act (ERISA). This law was regaled as a simple, comprehensive, uniform application of law for employee welfare benefits (health, life, disability, pension) across the United States. ERISA was purported to be a means to […]

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By Scott B. Elkind, Esq. When the Employee Retirement Income Security Act (ERISA) was enacted in 1974, it was obviously not fully thought out despite the best of intentions. This Act was proclaimed to be an all encompassing law by which employee benefits would be governed under a single regulatory scheme in order to provide […]

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