Navigating the Intersection of Employment Law and Long Term Disability Claims

Employment law and ERISA long-term disability claims frequently intersect. Informed employment attorneys should be aware of these intersections because employment claims and disability claims can severely impact one another if they are not well-coordinated. This CLE will provide employment attorneys with a comprehensive overview of ERISA disability claims and the many ways these claims can alter employee benefits and rights. Jennifer Hess and Ryan McIntyre, attorneys and lecturers on a variety of disability insurance law topics, will cover how an employee's termination impacts their ERISA disability claims; how a severance agreement can inadvertently release an ERISA disability claim; and strategies to protect disability benefits during the negotiation of a severance agreement.

In this course, attendees can expect a review of the differences between ERISA disability claims and claim for reasonable accommodation under the ADA. The presenters offer tips for advising clients interested in pursuing one or both of these claims and guidance on how to navigate the conflict between pursuing both an ERISA disability claim and employment claims, including disability discrimination.

This course will benefit employment law attorneys with clients who are or may soon be unable to work due to a disability. The program will familiarize attorneys with the basics of ERISA disability claims and provide valuable information on how to protect their client's disability benefits and all other employment-related claims.

Learning Objectives:

1. Identify the basics of ERISA disability claims and the key terms to effectively screen for ERISA disability issues

2. Explore how reasonable ADA accommodations impact ERISA disability claims

3. Navigate the conflict between pursuing ERISA disability claims and employment claims, including disability discrimination

4. Explain how a termination impacts ERISA disability claims

5. Negotiate severance agreement language to avoid the inadvertent release of ERISA disability claims