A Wisconsin employee may need to take Federal FMLA or Wisconsin FMLA (W-FMLA) leave to address a serious personal health condition that makes it impossible to work, to care for a spouse, child, or parent facing a serious medical issue, or to bond with a newborn, newly adopted, or foster child. Federal FMLA and Wisconsin FMLA protected leaves also cover certain military-related family situations, such as handling qualifying exigencies when a service member is called to duty or providing care for … [Read more...]
Wisconsin Employment Benefits Lawyer Articles
The Law Firm of Alan C. Olson & Associates Wisconsin Employment Benefits Posts, Articles on Wisconsin Employment Benefits, Articles, Cases and Employment Law News
Deadline to Bring an LTD ERISA Denial Lawsuit
Long-term disability (LTD) ERISA claims are frequently denied for a variety of reasons. Common grounds for denial include:* Insufficient Medical Evidence: Lack of clinical records or inadequate documentation to support the severity of your condition.* Policy Definitions: Failure to meet the specific definition of "disability" outlined in your policy.* Pre-existing Conditions: Exclusions based on medical history that predates your coverage.* Lack of Objective Findings: The absence of … [Read more...]
Submitting Evidence of Disability Outside of the Administrative Record
In ERISA-governed long-term disability litigation, courts generally limit their review to the administrative record—the body of evidence considered by the plan administrator when making the final benefits decision. However, several exceptions apply. Under a de novo standard of review, courts may admit limited extra-record evidence when it is clearly necessary for an adequate review, such as in cases involving complex medical issues, expert credibility questions, or evidence that could not have … [Read more...]
Long Term Disability Administrative Remedy Requirement
In a long-term disability (LTD) case—particularly one governed by the Employee Retirement Income Security Act (ERISA), which covers most employer-sponsored plans—an administrative remedy refers to the internal claims and appeals process required by the plan and federal regulations before a claimant can file a lawsuit in court. … [Read more...]
Recovering LTD Benefits During the Own Occupation Period
Recipients of long-term disability (LTD) benefits often seek clarification on the distinction between "own occupation" and "any occupation" coverage. To ensure you fully understand your policy and safeguard your claim, it is essential to consult an attorney specializing in LTD benefits. Attorney Alan C. Olson represents clients in federal courts nationwide, vigorously pursuing long-term disability benefits against major insurance carriers. Our firm specializes in securing the undeniable … [Read more...]
Submitting New Medical Evidence for ERISA Appeals
Compelling evidence and thorough documentation are critical to the success of a long-term disability (LTD) claim, especially during an appeal. Insurers and plan administrators evaluate claims primarily through the medical and supporting records submitted. Objective evidence—including diagnostic imaging, lab results, specialist reports, and functional capacity evaluations—carries substantial weight in this process.Beyond clinical data, detailed statements from treating physicians are essential. … [Read more...]
Wisconsin Restrictive Covenant Agreements
Wisconsin restrictive covenant agreements commonly include non-compete, non-solicitation (of customers, clients, and employees), and non-disclosure or confidentiality (NDA) provisions. These are legally classified as restraints on competition and are enforceable provided they are reasonably necessary to protect the employer's legitimate business interests. Standard Provisions in Restrictive Covenant Agreements Non-compete agreements prohibit former employees from working for competitors, … [Read more...]
Discretionary Clauses in ERISA Long-Term Disability Policies
Discretionary clauses in long-term disability (LTD) benefits are provisions commonly found in insurance policies or employer-sponsored plan documents that grant the insurer or plan administrator broad authority to interpret the policy’s terms, determine eligibility for benefits, resolve factual questions, and decide the amount or duration of payments. In practice, these clauses give the administrator significant leeway in evaluating claims, including how to apply definitions of … [Read more...]
Differences Between Short Term and Long Term Disability Versus FMLA
There are two common options available to employees when navigating a medical issue or family emergency requiring time off from work: Short-term disability (STD)/Long Term Disability (LTD) and the Family and Medical Leave Act (FMLA). While STD/LTD and FMLA both cover time away from work for health related reasons and may be used together, they serve different purposes and have different eligibility rules. FMLA at a Glance The family and Medical Leave Act (FMLA) is a federal law that … [Read more...]
Executive Employment Contracts
A job candidate with highly sought-after skills, advanced education, and significant experience is strongly advised to have an employment law attorney review (and often negotiate) their employment contract (or offer letter) before signing on with a new employer. This is especially true if the role involves complex compensation (e.g., bonuses, equity, and commissions), restrictive covenants/non-compete agreements, or certain responsibilities. Many executives, CEOs, and other high-level … [Read more...]
