Airline Employee Denied Long-Term Disability and His “Day in Court”
Seeking Assistance
Former Northwest Airline (NWA) employee Dennis James filed two disability claims after a car accident in 2002 left him unable to work. One of the claims was for disability pension benefits under NWA’s Pension plan. The other claim was for long-term disability payments and filed under NWA’s Long Term Disability plan, or LTD Plan.
Both claims were denied. James decided to appeal these decisions, taking his case to federal court. Ultimately, the court decided against the plaintiff. Not only was James refused the long-term disability benefits he needed, but he was also refused the chance to have his day in court.
The Decision
The courts determined that both …show more content…
James had 14 days, from the date of the hearing, during which he could file a revised grievance.
The Employee Retirement Income Security Act
The Employee Retirement Income Security Act (ERISA) is a Federal law that establishes the minimum requirements for all health care and pension plans offered by private employers. The goal of ERISA is to provide protection for employees with these plans.
If your insurance company denies you disability benefits, you can sue them under ERISA statutes. Before you can file a lawsuit under ERISA, Federal law states that you must first contest the insurance company’s decision with an internal appeal. One stipulation of ERISA is that employers must institute a system through which employees can file a grievance or appeal in order to get benefits or to dispute the denial of benefits.
You may pursue an ERISA lawsuit only after your insurance company denies your appeal.
The Railway Labor Act
According to the US Department of Transportation, under the RLA “a dispute is minor if the employer's action complained of by a contract employee is ‘arguably justified’ by the collective bargaining agreement.” (from US Dept. of Transportation
Seeking Assistance
Former Northwest Airline (NWA) employee Dennis James filed two disability claims after a car accident in 2002 left him unable to work. One of the claims was for disability pension benefits under NWA’s Pension plan. The other claim was for long-term disability payments and filed under NWA’s Long Term Disability plan, or LTD Plan.
Both claims were denied. James decided to appeal these decisions, taking his case to federal court. Ultimately, the court decided against the plaintiff. Not only was James refused the long-term disability benefits he needed, but he was also refused the chance to have his day in court.
The Decision
The courts determined that both …show more content…
James had 14 days, from the date of the hearing, during which he could file a revised grievance.
The Employee Retirement Income Security Act
The Employee Retirement Income Security Act (ERISA) is a Federal law that establishes the minimum requirements for all health care and pension plans offered by private employers. The goal of ERISA is to provide protection for employees with these plans.
If your insurance company denies you disability benefits, you can sue them under ERISA statutes. Before you can file a lawsuit under ERISA, Federal law states that you must first contest the insurance company’s decision with an internal appeal. One stipulation of ERISA is that employers must institute a system through which employees can file a grievance or appeal in order to get benefits or to dispute the denial of benefits.
You may pursue an ERISA lawsuit only after your insurance company denies your appeal.
The Railway Labor Act
According to the US Department of Transportation, under the RLA “a dispute is minor if the employer's action complained of by a contract employee is ‘arguably justified’ by the collective bargaining agreement.” (from US Dept. of Transportation