If your employer an LTD plan and you are a participant in that plan, chances are that the plan contains a “discretionary clause.” This means that the plan administrator’s decisions about your eligibility for benefits can only be challenged in federal court on the grounds that the decision was an abuse of discretion. As the case of McDonough v. Biogen shows, whether or not a plan contains a discretionary clause is vitally important when it comes to obtaining LTD benefits. If you have an LTD plan through your employer and are in the process of obtaining benefits, consult with disability lawyers to determine whether your plan contains a discretionary clause and what you need to do if it does.
Be prepared and know what you must do to obtain and protect your long term disability benefits in Massachusetts. Consult with your local Northampton, MM lawyers like Terrence A. Low and Anthony J. Canata who can help you to fight for your rights.