One of the first questions I typically get in bankruptcy consultations is, “what do I do with the debt?” As with most things, the answer is “it depends.” It depends on the type of debt and your personal situation, but in general, the below are …
Welcome to Essex Richards’ Bankruptcy Blog
Welcome to the first blog post from the bankruptcy group at Essex Richards. I often think about what my clients have been through before they make the decision to give me a call. They have likely been putting off calling for months, sometimes years, so …
9 Essex Richards Attorneys Named to Best Lawyers in America
Essex Richards, P.A. is pleased to announce that The Best Lawyers© in America has named 9 of its attorneys to the 2019 list in the publication’s newly released 25th edition – Norris Adams, Rob Blair, Jon Buchan, Woody Connette, Heather Culp, John Daniel, Rick Elkins, Lauren Lewis, and Steve …
Bankruptcy Partner Heather Culp Honored Among North Carolina’s Leaders in the Law
North Carolina Lawyers Weekly has named Essex Richards Partner Heather Culp to its annual “Leaders in the Law” list, honoring the state’s most influential legal professionals. According to Lawyers Weekly, “the award honors legal professionals licensed and practicing law in the state of North Carolina, who have …
Reliance on Conflict
It seems like just about everyone these days is talking about conflicts of interest. The dems say the repubs are conflicted. The repubs say the dems are conflicted. Chaucer says everyone’s conflicted (“doctors & druggists wash each other’s hands”). A Canterbury Tales reference? Super hip, …
When It Comes To The Definition of Disability, Insurers Don’t Play Fair
Here’s a non-exhaustive list of things that aren’t fair: When a coworker/friend/random stranger spoils the latest episode of your favorite TV show (Game of Thrones, anyone?). When your spouse eats your leftovers. When your Amazon Prime package doesn’t arrive within the previously promised two-day timeframe. …
What Is ERISA?
What Is ERISA? The Employee Retirement Income Security Act of 1974, commonly known by its acronym ERISA, is a federal law that applies to most private employers. ERISA protects plan participants and their beneficiaries by setting minimum standards for retirement, health, disability, and other welfare …
Partner Jon Buchan to Speak to Senior Scholars at Queens
Essex Richards Partner Jon Buchan will speak on Friday, May 18 to the Senior Scholars at Queens. The Senior Scholars is an organization for seniors and retirees where members meet weekly to hear prominent speakers on a variety of topics. Jon’s presentation, “Freedom for the …
What To Do If Your Disability Benefits Are Denied
You’ve worked hard all your life. Never in a million years did you think that you would be unable to continue working or support yourself. But you plan for the unexpected, so you obtained long-term disability (LTD) insurance, perhaps through your employer or maybe you …
Those Health Insurance Claim Denial Blues
We see it all the time: We think we have good health insurance, but then, right when we need it the most, the insurance company denies coverage for a needed medical procedure. Often, insurance coverage is denied for emerging treatment protocols that are recommended by …
New ERISA Disability Claims Regulations Take Effect – Part 3
In the final installment of our three-part series on ERISA’s new disability claim-processing procedures, we will wrap up our discussion by providing a run-down of the remaining changes to the regulations. Independence and impartiality. The Final Rule provides that disability plans “must ensure that all …
New ERISA Disability Claims Regulations Take Effect – Part 2
In the second installment of our three-part series on ERISA’s new disability claim-processing procedures, we will focus on what we believe are the five most significant changes to the regulations. Plans must explain disagreement with claimants’ treating physicians and vocational consultants. As part of expanding …