Employment Law Attorneys

Pension and Disability Benefit Litigation

We Understand ERISA & Disability Claims, Appeals and Litigation!

The firm provides representation to employees who are applying for short and long-term disability benefits. Mark and his team of employment attorneys have successfully litigated against many major insurance carriers. Mark has litigated the following disabilities: Multiple Sclerosis (MS), Fibromyalgia (FM), Chronic Fatigue Syndrome (CFS), Cancer, Lou Gehrig’s Disease (ALS), Parkinson’s Disease, Alzheimer’s disease (early onset), Diabetes Mellitus, Multiple Chemical Sensitivity (MCS) and many more. Find out more about our pension and disability benefits litigation services by contacting our office today. 

How Are Disability Cases Fought?

A majority of disability pension cases are fought and determined at the administrative level, i.e. with the carrier or plan administrator. Each client must have a solid case of supporting medical evidence and documentation. Mark routinely provides comprehensive and detailed analysis in each client administrative appeal. Each client is required to present the best legal and factual case if he/she is going to obtain short or long-term benefits. Mark will work the client to obtain updated medical information from treating physicians and ensure the information is set to the disability plan for review. Often, Mark will advise the client to seek a second opinion from a notable medical specialist and even obtain new medical testing evaluation and data. Once the administrative record is properly prepared, a written administrative appeal will be filed with the insurance company or plan administrator. The Plan will have up to 90 days to provide a written response. If the Plan denies the claim, it must state the exact reasons for the denial and state what additional medical information is required in order to perfect the claim. Once the administrative phase of the case is exhausted, then and only then can the client file a lawsuit in the federal courts to obtain relief. The federal district court acts as an appeals court when reviewing the decision by the Plan and the Plan Administrator/Insurance Company. There are specific legal burdens of proof that must be argued in order to obtain relief. Mark is more than familiar with ERISA and has successfully advocated on behalf of many disabled clients.

If you are trying to decide whether to retain an attorney to represent you in your claim for disability benefits, please contact our employment attorneys at (203) 255-4150 or reach Mark Carey directly at info@capclaw.com. We help employees located in Connecticut, Fairfield County, New York, Manhattan, Westchester County, and nationwide to receive the short or long term disability benefits they deserve.

Read Article: Long Term Disability Claims

Read Article: How the ADA, FMLA and ERISA (STD/LTD) Interrelate 

Breach of Contract

Employees and Executives are generally employed on an at-will basis, meaning either party can terminate the employment relationship at any time and with little or no notice. You can have a written at-will employment agreement, one with no specific duration, which identifies other provisions such as severance, job duties, salary, bonus, incentive compensation.

Every contract must have an offer and an acceptance, and the promise of performance and to pay for the performance is the consideration.

A breach will occur when one either the employee or employer commits a material breach of the agreement. Please note, minor breaches will not be enough to void the agreement. If you encounter a breach, you need to provide written notice to the other party and demand they perform according to the agreement. Only when the other party continues to remain in breach can the other party seek enforcement in Court or Arbitration.

Wrongful Termination

Employees often use the phrases “wrongful termination” and “wrongful discharge” when referring to their recent termination. However, these phrases do not accurately reflect the underlying legal issues in each case.  A termination is wrongful or illegal if the facts and circumstances demonstrate either a breach of contract (both oral and/or written), discrimination based on some protected classification (age, gender, sex, race, disability etc), and retaliation initiated and caused by the employer. Our firm would need to examine the client’s full factual narrative to understand whether or not the termination was “wrongful” or “illegal”.

If you are trying to decide whether to retain an attorney to represent you in your wrongful termination case, please contact our employment attorneys at at (203) 255-4150 or reach Mark Carey directly at infor@capclaw.com. We help employees located in Connecticut, New York and Manhattan receive the short or long term disability benefits they deserve.

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