When an employer offers short and/or long term disability benefits as part of an ERISA (Employee Retirement Income Security Act) Welfare Benefit Plan the laws and rules issued by the U.S. Department of Labor (DOL) including requirements for the processing of benefit claims, time parameters for when a decision must be rendered following the filing of a claim and a claimant’s rights upon denial of a claim apply. On November 18, 2015 the DOL proposed rules revising the existing ERISA Claim regulations pertaining to disability benefits (29 C.F.R. § 2650). The comment period ended January 19, 2016. The proposed regulations were created to align with the goals and protections afforded under the Affordable Care Act to assure more fairness in claims processing. Among the proposed regulations are provisions that require that the adverse benefit decision provide a basis for disagreement with a contrary Social Security decision.
This course, led by attorney Barbara Comerford, examines the basics of ERISA Long Term Disability Insurance in Welfare Benefit Plans, compares those claims to Social Security Disability claims, examines the existing DOL regulations, Code of Federal Regulations and laws that pertain to both, and assesses the impact the proposed DOL regulations may have on them.
I. Recognize the different administrative review standards in ERISA LTD claims and SSD claims
II. Understand the relevant DOL regulations, Code of Federal Regulation provisions, and case law pertaining to the review of both ERISA and SSD claims
III. Comprehend the distinctions and similarities of both types of claims, and the impact each has on the other
IV. Discuss the most recent data on the number of workers affected by each of these claims
Barbara B. Comerford is the owner of the Law Offices of Barbara B. Comerford in Paramus, New Jersey. She has concentrated her practice for more than 25 years primarily in the area of long term disability insurance claims (ERISA and Disability Income), social security disability law and government disability pensions. Ms. Comerford and her associates have represented thousands of disabled individuals around the United States. She has also successfully represented former professional athletes in disability claims against the NFL and the NHL. She has lectured extensively on ERISA Long term disability insurance and Individual Disability Insurance claims and Social Security Disability law throughout the United States on behalf of many organizations including the American Association of Law Schools, The Honorable Anne E. Thompson American Inn of Court, the National Organization of Social Security Claimants Representatives, the American Association of Trial Lawyers (now the American Association of Justice), the Association of Administrative Law Judges (the professional organization for Social Security Judges); the American Bar Association, the New Jersey Bar Association, The New York and New Jersey Institutes of Continuing Legal Education, and the Bergen County Bar Association (where she founded the Social Security Committee which she continues to Co-Chair). For several years she has also been a presenter on the Insurance Coverage Boot Camp Panel at the request of the New Jersey Institute for Continuing Legal Education. She has served on the Executive Committee of the New Jersey Bar Association Labor and Employment Law Committee; and she has been a member of the Legal Committee for the national pediatric traumatic brain injury foundation: The Sarah Jane Foundation in Manhattan. She has also been a Disability Law Commentator for Tru TV. She has served on a number of non-profit Boards including: The NJ Community Health Law Project, Northeast New Jersey Legal Services, the Fair Housing Council of Northern New Jersey, the CFIDS Association of America, the AACFS (a national scientific advisory committee), and the Roy White Foundation. Until 2008, she co-hosted the “Three Circles of Life” radio program on WMCA in New York City which focused on insurance issues and government disability programs, and political topics related to those issues.
I liked the speaker's conversational style of presenting the material.
Barbara Cornerford is an excellent presenter and easy to understand for a beginner.
Very interesting and great speaker
This was excellent. Very clear and well presented. Thank you.
very good presentation
Excellent, well done presentation.
Excellent presentation! Speaker was fabulous!
Excellent. Very practical.
Very much enjoyed the presentation!
Very informative presentation.
the instructor took a very complex subject explained it very well
Outstanding. Great material. Would take a course from this speaker again.
Very good course!
Great materials and presentation.
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