Explore General Inc. facing ERISA lawsuit

The Fresno firm Explore General Inc. is facing a civil lawsuit filed by the Department of Labor for violating ERISA.  The Employee Retirement Income Security Act was adopted in 1974 to protect employees covered by private health and pension plans.

The Department of Labor filed the suit in the U.S. District Court for the Eastern District of California accusing the firm’s owner, Jaime Gonzalez, and plan administrator, Paul Gong, of mixing employee contributions with the company’s general assets, and then using the money to pay for company expenses.  The lawsuit claims that Gonzalez and Gong failed to place $70,000 of employee contributions into the 401K fund.

If you or someone you know has an ERISA claim to file, contact the Indiana ERISA lawyers of Hankey Law Office P.C. at (800) 520-3633 to learn more about your rights.


Veterans with PTSD to receive disability benefits

This week, the Veterans Administration agreed to provide veterans suffering from post-traumatic stress disorder with the appropriate financial support.  Before, military documentation of a PTSD diagnosis was necessary when filing for financial assistance from the VA.  Now, veterans only need proof that they served in a war zone and an honorable discharge documentation.

The Department of Defense estimates almost twenty percent of military personnel will return home with some degree of post-traumatic stress.

Specific dates these changes will go into affect have not been offered.  However, secretary of the VA, Eric Shinseki, will release more details later this month.

If you or someone you love is considering filing for veteran’s benefits, contact the Indiana veterans’ affairs disability benefits lawyers of Hankey Law Office P.C. at (800) 520-3633 to learn more about your rights.


Electronic processing makes health records better

The Indianapolis Social Security Administration will become one of the first 15 offices in the country to begin electronically processing the health records of disability claims applicants.  Patients’ health records will be sent through the Indiana Network for Patient Care, providing connection to more than 60 regional medical institutions.  The new technology will allow data to be available within minutes.

Officials say that aside from speeding up claims processing, the system will perform “intelligent analysis” of health records to alert people of significant information.  The current system insists that patients list their physicians on their claims, but sometimes patients are unaware of which doctors treated them during hospital stays.  With the new system, all of this information will be taken care of digitally.

If you or someone you know is in the process of applying for long-term disability insurance and benefits, contact the Indiana long-term disability attorneys of the Hankey Law Office by calling 317-634-8565.


Plans to begin phase 2 of disabled veteran training program underway

Two years ago, the Crane Learning and Employment Center in Greene County, Indiana began a program designed to help re-train disabled young veterans for work. The employment center joined forces with the Naval Surface Warfare Center at Crane to train them and then assist them in finding a job. The program is funded by several organizations including Lilly Endowment, Inc. and the McCormick Foundation of Chicago. It has, thus far, helped approximately 60 veterans and their families adjust to civilian life. The successful program has drawn attention from high-ranking officials in the Navy who believe that the project is now ready to expand.

Phase two of the project begins in January and is expected to last two years. One of the main focuses of phase two is to stretch out their services more widely so that they can help more people in more areas. The center hopes to find new employment opportunities for veterans throughout the Indianapolis area.

If you or someone you know is a disabled veteran, contact the Indiana veterans’ affairs disability benefits attorneys of the Hankey Law Office, P.C. by calling (800) 520-3633.


What are the minimum standards required by ERISA?

When ERISA was passed in the 1974, it established a set of minimum standards meant to protect individuals covered by health care and pension plans.

These standards include the following:

  • Provide individuals with information about their coverage.
  • Give individuals benefits like the right to sue.

With these protections in place, individuals have some guarantee that they will be treated fairly.

If you believe your that ERISA protections have been violated, contact the Indiana ERISA lawyer of the Hankey Law Office, at (800) 520-3633.


When to apply for long term disability

After an injury, many people wonder when is the right time to apply for long-term disability benefits.

It is important to apply for long term disability benefits as soon as possible after an injury. This is because it can take months, and in some cases, even years, to complete the entire process and begin receiving payments. Additionally, if your claim is denied, you may be forced to wait even longer as your appeal is processed. When applying for long-term disability benefits, you may apply either through Social Security Disability Insurance (SSDI) or through Supplemental Security Income (SSI).

To learn more about the process of applying for long-term disability insurance and benefits, contact the Indiana long-term disability attorneys of the Law Office of Charles D. Hankey at (800) 520-3633.


How do individuals obtain long-term disability coverage?

Long-term disability coverage can be obtained in a variety of ways. Individuals may obtain long-term disability coverage through individual plans or group plans.

Group plans may be offered through an employer or professional organization. However, individuals may have trouble receiving long-term disability coverage if they have received treatment for a serious medical condition in the past 10 years.

If you or anyone you know has had legal difficulties obtaining long-term disability coverage, contact the Indiana long-term disability attorneys of the Hankey Law Office, at (800) 520-3633.


How to handle a rejected long-term disability claim

When individuals file claims for long-term disability benefits, the insurance company will review the claim and make a decision. If the insurance company denies the claim, then individuals with long-term disabilities have a number of options.

One, they could send a letter or contact their insurance provider to contest the decision. Two, they can obtain the insurance file from the insurance provider to use as evidence for a possible appeal. And three, they could hire an attorney who could provide experienced legal representation for their claim.

If you or anyone you know has had problems with your long-term disability claim, contact the Indiana long-term disability filing attorneys of Hankey Law Office, at (800) 520-3633.


Claim proceeds to trial by jury

A case filed against insurance company Unum will proceed to a trial by jury after Unum’s motion for summary judgment, a motion that would remove a full jury from the trial.

The defendant claimed that the plaintiff, the policy-holder, did not heed their provisions that included the plaintiff seeking appropriate medical care before drawing on his policy. The plaintiff, in return, provided that his condition, bilateral post traumatic carpal tunnel syndromes, did not allow him to work, therefore engaging his policies with Unum. Knowing his responsibility to seek medical care, he consulted a physician, who told him that, given his health, corrective surgery was not the appropriate option.

The court ruled that, although corrective surgery was possible, if the plaintiff’s physician refused the surgery due to possible complications, the policy language did not permit a reconditioning of the plaintiff’s eligibility to receive benefits. The court added that opinions concerning the physician’s role are not suitable for a trial without a jury.

Knowing your legal rights is the best measure to getting what compensation you could be eligible for. If you or someone you love needs legal advice on how to deal with long-term disability insurance, contact the Indiana disability litigation lawyers at the Hankey Law Office, by calling (800) 520-3633 today.


Disability Insurance as Important as Homeowner's, Auto Insurance

More than 100 million workers in the United States are without private disability insurance and 70 percent of workers in the private sector have no long-term disability insurance through their jobs.

Long-term disability insurance would proved a regular paycheck if an employee became either permanently or temporarily unable to work. “Without disability insurance, most people would face devastating financial consequences if they were to suffer a disabling injury or illness,” said Marvin Feldman, president and CEO of Life Foundation.

A new survey by the insurance education organization shows that 84 percent of Americans strongly agree they should insure their cars, and 80 percent feel it is imperative to have homeowner’s insurance, but only 48 percent believe that it is important to have disability insurance if they have a job.

According to the United States Census Bureau, about one in five Americans will become disabled for a year or more before the age of 65.

For sound legal advice and assistance on how we can help you recover the disability compensation that you deserve, contact the Indiana long-term disability lawyers at the Hankey Law Office, today by calling (800) 520-3633.


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