Roberts Disability Law, P.C.

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Roberts Disability Law, P.C. At Roberts Disability Law, P.C., we’re passionate about fighting for the underdog.

ERISA disability insurance cases can be frustrating for all involved, so we’re dedicated to providing top-tier legal services for our clients.

💡 Denied disability benefits? A recent court ruling shows why the details of your policy matter.In a recent ERISA case a...
10/09/2026

💡 Denied disability benefits? A recent court ruling shows why the details of your policy matter.

In a recent ERISA case against Unum, a federal court refused to give the insurance company special deference and blocked its attempt to take back benefits the claimant had already received and spent. Her long-term disability case will now head to trial.

If your long-term disability claim was denied, your policy language and medical records can make all the difference. An experienced ERISA disability attorney can review your claim and explain your options.

Learn more: https://robertsdisability.com/no-deference-no-clawback-erisa-court-rejects-unums-discretionary-review-and-its-bid-to-recover-alleged-overpayments/

Got an ERISA Benefits Denial? Read the Deadline Language Closely, and Keep the LetterIf your employer-provided disabilit...
10/08/2026

Got an ERISA Benefits Denial? Read the Deadline Language Closely, and Keep the Letter

If your employer-provided disability or injury benefits are denied, the denial letter usually gives you a deadline to file a lawsuit. But that deadline isn’t always enforceable.

A federal court in Texas recently refused to apply a plan’s one-year deadline to sue, because the denial letters didn’t follow the rules. The court explained that for disability claims, the law requires the final denial to tell you both how long you have to sue and the exact calendar date your deadline runs out. Because those letters left out that information, the court used a longer four-year window instead, and treated the claims as filed on time.

The case is a good reminder of two things: hold on to every letter you receive about a denied claim, and get a written copy of your plan documents. The same court fined the employer for failing to send the claimant the plan after he asked for it in writing. If an ERISA claim is denied, talking to an attorney who handles these cases can help you sort out your real deadlines.

Read more: https://robertsdisability.com/when-an-erisa-plan-doesnt-state-the-deadline-court-refuses-to-enforce-a-one-year-limitations-period-and-penalizes-an-employer-for-failing-to-produce-the-plan/

Arbitration Agreements and Your ERISA Benefits: Know What's CoveredMany employees sign arbitration agreements without re...
10/06/2026

Arbitration Agreements and Your ERISA Benefits: Know What's Covered

Many employees sign arbitration agreements without realizing how they affect ERISA claims later on. A recent case, Hawkins v. Wells Fargo, shows why the wording matters. The agreement excluded "claims for benefits under ERISA," so the employee's disability benefits claim stayed in federal court. But his related retaliation claim was sent to private arbitration, because the court said that one wasn't a claim for benefits.

If your ERISA disability benefits were denied, an experienced ERISA attorney can help you understand your rights and where your claim belongs.

Read more: https://robertsdisability.com/can-an-erisa-section-510-retaliation-claim-be-forced-into-arbitration-a-texas-court-says-yes-even-with-a-benefits-carve-out/

Denied Because of a Job Title That Isn't Really Yours?If you have a specialized career, your disability insurance compan...
10/06/2026

Denied Because of a Job Title That Isn't Really Yours?

If you have a specialized career, your disability insurance company can't judge your claim as if you did some generic version of your job. In a recent case, Macpeak v. Unum, a securities lawyer had her long-term disability benefits cut off after the insurer compared her to a general "attorney," including courtroom and teaching duties she never did. The court said that wasn't good enough and ordered her benefits restored.

Insurers do this more than you'd think. If your ERISA disability benefits were denied or terminated, an experienced ERISA disability attorney can help you push back.

Read more: https://robertsdisability.com/when-is-an-erisa-regular-occupation-your-specialty-court-orders-unum-to-reinstate-a-securities-lawyers-disability-benefits/

Denied Disability Benefits? A Paper Review May Not Be EnoughAn Ohio federal court just sent a long-term disability claim...
10/03/2026

Denied Disability Benefits? A Paper Review May Not Be Enough

An Ohio federal court just sent a long-term disability claim back to the insurer after it cut off benefits based only on a file review, without ever examining the claimant in person. She had panic disorder, depression, and anxiety, and her own doctors said she could not safely do her job. Social Security had already found her disabled.

If your ERISA disability benefits were denied or terminated, an experienced ERISA attorney can help you understand your options.

Read more: https://robertsdisability.com/ohio-federal-court-revives-erisa-disability-claim-after-lincoln-national-relies-only-on-paper-reviews/

Divorced and Still on Your Ex's Health Plan? Know the Deadlines.If you get health insurance through a former spouse's em...
10/02/2026

Divorced and Still on Your Ex's Health Plan? Know the Deadlines.

If you get health insurance through a former spouse's employer, that coverage can hinge on strict plan rules and short deadlines. In a recent ERISA case, a former spouse lost his coverage after the required paperwork wasn't updated in time, and by the time he went to court, the window to challenge the decision had already closed. ERISA plans often set tight limits on when you can appeal and when you can sue. If your coverage is denied or ended, talk to an attorney who handles ERISA claims right away, before those deadlines run.

https://robertsdisability.com/when-divorce-ends-employer-health-coverage-court-dismisses-former-spouses-erisa-claims-as-untimely-and-preempted/

Did your employer keep your life insurance options to itself?When your job provides group life insurance, the company ru...
10/02/2026

Did your employer keep your life insurance options to itself?

When your job provides group life insurance, the company running that plan can owe you real legal duties under a federal law called ERISA, and a recent court decision says those duties don't always end the moment your coverage does.

In one New Mexico case, a widow says her late husband's employer found out the insurer would reinstate his life insurance if back premiums were paid, but turned the offer down and never told the family. A federal judge is letting her ERISA claim move forward. The case hasn't been decided yet, but the court agreed she should get her day in court.

If a life or disability insurance claim tied to your job was denied, an attorney who handles ERISA claims can review whether the plan met its obligations to you.

Read more: https://robertsdisability.com/erisa-surcharge-against-an-employer-fiduciary-new-mexico-district-court-lets-a-lapsed-group-life-insurance-claim-proceed/

Roberts Disability Law was proud to sponsor the Federal Bar Association, Northern District of California Chapter’s 45th ...
09/30/2026

Roberts Disability Law was proud to sponsor the Federal Bar Association, Northern District of California Chapter’s 45th Annual Luncheon, honoring the judges of the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California.

It was a wonderful opportunity to connect with members of the bench and bar and support the FBA’s work in our legal community.

We were especially pleased to celebrate Randy Sue Po***ck as she received the Chapter Achievement Award, and we thank Chapter President Chris Schecter and the FBA for putting together such a terrific event.

Our table also had the pleasure of hosting Ninth Circuit Judge Daniel Bress for lunch. He may not have realized beforehand that he would be surrounded by a table full of plaintiffs-side ERISA attorneys! We appreciated the engaging conversation—and hope we didn’t overwhelm him with too much ERISA talk.

Roberts Disability Law is proud to support organizations that foster connection and dialogue among attorneys and the judiciary. Thank you to the FBA NDCA for a great afternoon!

Accidental Death Coverage and the Fine Print That Decides ItWhen a loved one dies in an accident, families expect an acc...
09/30/2026

Accidental Death Coverage and the Fine Print That Decides It

When a loved one dies in an accident, families expect an accidental death policy to pay. But these ERISA-governed policies often say the injury must be "independent of illness," and that single phrase can decide everything.

In a recent Florida case, a man suffered a stroke, fell, and died from the head injury. Because the stroke contributed to the death, the court found the claim was not covered, and ruled that the family had the burden of proving otherwise.

If an accidental death or AD&D claim has been denied under ERISA, an experienced ERISA attorney can review the policy language and explain your options.

https://robertsdisability.com/why-an-erisa-add-claim-can-fail-when-a-stroke-precedes-a-fatal-fall/

FacebookApproved for disability doesn't mean approved forever.A federal court just reminded claimants of a hard ERISA ru...
09/27/2026

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Approved for disability doesn't mean approved forever.

A federal court just reminded claimants of a hard ERISA rule: even after years of paying long-term disability benefits, an insurer can review your claim again, and the burden stays on you to keep proving you're disabled.

In this case, the claimant's most recent cognitive testing was three years old and never updated. The court found that gap mattered.

The takeaway: if you're on long-term disability, keep your medical records and testing current, and respond fully to every insurer request. If your benefits are cut off, talk to an experienced ERISA disability attorney right away.

Read more: https://robertsdisability.com/when-erisa-benefits-end-after-years-of-payment-minnesota-court-upholds-aetnas-termination-of-long-term-disability-benefits/

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Oakland, CA
94607

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