Podcasts about erisa

Building on last week's discussion about why rolling over your old 401(k) into an IRA could be a smart move, this episode flips the script. It explores seven compelling reasons you might want to leave your 401(k) with your previous employer instead. I break down factors like fees, company stock advantages, penalty-free withdrawals, legal protections, and unique investment options that could all influence your decision.  If you're approaching retirement or just planning your next career move, this episode is packed with insights to help you make the best choices for your financial future.  You will want to hear this episode if you are interested in... [04:12] Leave company stock in 401k to use net unrealized depreciation, potentially saving on taxes via long-term capital gains. [08:55] Consider keeping company stock in an old 401(k) to avoid taxes and penalties if under 59.5 years. [10:01] IRA withdrawal exemptions and strategies. [16:01] Consider keeping your old 401 (k) for potential loan access, but check if your provider permits non-employee loans. [17:50] Deferring 401(k) distributions explained. When to Leave Your Old 401(k) With Your Previous Employer Changing jobs often means making quick decisions about retirement savings. While rolling over your old 401(k) into an IRA is a common choice, there are significant advantages to leaving it where it is. This week, I'm discussing the situations when maintaining your previous employer's retirement plan is advantageous.  1. Potential for Lower Fees If you worked for a large organization, their 401(k) plan might offer exceptionally low administrative and investment fees, especially if they've chosen robust menus with index fund options. While IRA costs have dropped due to strong competition among major financial institutions like Schwab, Fidelity, and Vanguard, some large employer plans still offer a lower cost.  Always compare fees before making a move; sometimes, your old 401(k) will be the most cost-effective option available. 2. Tax Benefits of Company Stock (Net Unrealized Appreciation) Do you have significant company stock in your 401(k)? You could benefit from the unique tax break called Net Unrealized Appreciation (NUA). This allows you to pay lower long-term capital gains rates on your stock's growth instead of higher ordinary income rates. However, to take advantage of NUA, you must carefully roll out your stock and be mindful of any 10% penalty if you're under 59½. Know your stock's cost basis and consult with a tax professional to determine if waiting is best, especially if your cost basis is higher. 3. Penalty-Free Access Between Age 55 and 59½ Left your job between 55 and 59½? Here's a little-known benefit: you can tap your old 401(k) penalty-free before age 59½. If you roll the balance into an IRA, that door closes, unless you qualify for rare exceptions. This rule can be crucial if you need those funds to bridge the gap to retirement, so consider leaving at least part of your balance in the plan until you turn 59½. 4. Enhanced Creditor Protection Federal law (ERISA) offers 401(k) plans strong protection from creditors and judgments, even in bankruptcy. While rollover IRAs are also protected under federal and many state laws, the details can get complicated. Certain states may limit IRA protections, so it's wise to investigate your state's rules. Segmenting rollover IRAs from contributory IRAs can also help simplify tracking and protection. 5. Access to Stable Value Funds Some 401(k) plans offer stable value funds, a low-risk investment choice that often comes with a guaranteed minimum rate of return. While money market funds are currently paying more, that could change if interest rates drop. In lower-rate environments, stable value funds could offer an edge and a safe harbor for your retirement assets. 6. Possible Loan Availability Need to borrow against your retirement savings? Some plans allow you to take a loan from your 401(k), even after leaving the company. However, this isn't universal, since loan repayments are usually tied to payroll. Check with your plan administrator to see if this benefit applies; if it does, it could be an important safety net. 7. Required Minimum Distribution (RMD) Deferral if Still Working If you work past age 73, keeping your funds in a 401(k) with your current employer lets you defer required minimum distributions (RMDs). That's not the case with IRAs. Consolidating old 401(k)s into your current plan can simplify RMD timing and let your funds grow tax-deferred a bit longer. Make an Informed Move Rolling over your 401(k) may seem automatic, but there are times when staying put is the better choice. Carefully assess fees, tax implications, creditor protections, and your unique needs. Most importantly, consider working with a fiduciary, fee-only financial advisor who understands your entire financial picture. Resources Mentioned Retirement Readiness Review Subscribe to the Retire with Ryan YouTube Channel Download my entire book for FREE  Charles Schwab Fidelity Vanguard Connect With Morrissey Wealth Management  www.MorrisseyWealthManagement.com/contact   Subscribe to Retire With Ryan

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 5, Episode 22 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Living with a Voice Disorder: Sue Payne on Spasmodic Dysphonia, the Disability Process, and Finding New Purpose."Thinking your voice doesn't matter? Think again. In this powerful episode, disability law expert Nancy L. Cavey sits down with advocate and community leader Sue Payne - a Board Member of Dysphonia International and a force for change in the voice disorder community. Diagnosed with spasmodic dysphonia and cervical dystonia in 2017, Sue's life took a turn she never expected. But rather than retreat, she stepped up. With a background in public health, education, and corporate leadership, Sue shares how she navigated the loss of her literal voice - and the identity shifts that came with it. From applying for Long-Term Disability to organizing Walk for Talk events, mentoring others, and pushing for awareness and research, Sue offers a deeply personal look at what it means to turn a medical challenge into a mission. We explore what it's like to advocate for yourself in a system that doesn't always understand, how to find community when your voice feels silenced, and what real resilience looks like. Whether you're living with a chronic condition, facing a disability claim, or just in need of some perspective, Sue's story is a reminder: losing your voice doesn't mean losing your power. Let's dive in.In this episode, we'll cover the following topics:One - Sue's Story and Advocacy WorkTwo - Living With Spasmodic Dysphonia and Cervical DystoniaThree - Long-Term Disability and Life Beyond WorkWhether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals. 

In this episode of Friday Fiduciary Five, Eric Dyson discusses the implications of the Cunningham v Cornell Supreme Court decision for health plans, emphasizing the need for 408(b)(2) disclosures under the Consolidated Appropriations Act. He explains that health plans subject to ERISA must now disclose fees and services provided by vendors, such as third-party administrators and pharmacy benefit managers. Eric advises plan committee members to establish a process similar to retirement plans, including fiduciary committees and charters, to ensure compliance.Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information contained herein is general in nature and is provided solely for educational and informational purposes.It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice, or legal advice.The specific facts and circumstances of all qualified plans can vary, and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan specific circumstances.

In this episode of Friday Fiduciary Five, Eric Dyson talks about two recent ERISA cases: Cunningham v. Cornell University and Steen v. Sonoco. In Cunningham, the court ruled that prohibited transactions can move a case forward, emphasizing the importance of 408(b)(2) disclosures and a documented process. In Steen, the court dismissed the case for lack of factual allegations, highlighting the need for detailed claims. Eric advises fiduciaries to monitor record-keeping fees, ensure reasonable compensation, and document processes. He notes that the Supreme Court's decision could increase prohibited transaction claims, especially in healthcare litigation. Eric stresses the importance of thorough documentation and regular benchmarking to meet fiduciary duties.Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information contained herein is general in nature and is provided solely for educational and informational purposes.It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice or legal advice.The specific facts and circumstance of all qualified plans can vary and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan specific circumstances.

Paperwork is boring, and we all try to avoid it. While estate planning is a lot of paperwork, it is a crucial part of making sure your children and family are taken care of after you're gone. Listen in as Nate Reineke and Ben Utley chat with special guest Christine Roberts, an estate planning attorney with a background in ERISA law and over 30 years of experience. She breaks down some common misconceptions and mistakes physicians make when setting up trusts and wills, and delves into how a good estate planning attorney can help you avoid pitfalls. They also look at control group rules and how physicians may be messing up their retirement plans without even realizing it. If you are in Santa Barbara, or California, and want to work with Christine, you can contact her at croberts@mullenlaw.com or (805) 966-1501Are you ready to turn worries about taxes and investing into all the money you need for college and retirement? It's time to make a plan and get on track. To find out if we're a match visit physicianfamily.com and click get started or, you can ask a question of your own by emailing podcast@physicianfamily.com. See marketing disclosures at physicianfamily.com/disclosures

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 5, Episode 21 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Applying for a Disability Insurance Policy."Thinking about applying for disability insurance? Before you check a box or sign on the dotted line, join disability law expert Nancy L. Cavey for a deep dive into the often-overlooked first step in protecting your income: the application process. In this episode, Nancy breaks down why disability insurance is so important - especially for professionals, business owners, and anyone planning for life's what-ifs - and what really happens when you apply. We cover the essentials: What's under the hood of an application? What medical or occupational info matters most? And what are the red flags that could trigger a denial - or follow you to future applications? Nancy explains how to avoid the most common and costly mistakes, how insurers evaluate risk, and how to protect your insurability now and later. Whether you're new to disability insurance, in the middle of applying, or trying to recover from a denial, this episode is your practical guide to starting smart. Because getting covered is more than just paperwork - it's the first step in securing your financial future. Let's get started.In this episode, we'll cover the following topics:One - What Are the Six Common Reasons an Application for Disability Insurance Coverage Is Denied by Disability Carriers?Two - How Can a Disability Carrier's Refusal to Offer You a Disability Policy Impact Your Ability to Find Disability or Life Insurance?Three - What Are the Three Types of Underwriting in Issuing an Individual Disability Insurance Policy, and Why Does It Make a Difference to You?Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals. 

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 5, Episode 20 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Questions About Disability Insurance, Policies, and Claims."What do you really need to know about disability insurance, policies, and claims – before, during, and after you file? In this episode, disability law expert Nancy L. Cavey answers key questions about how disability insurance works, what your policy actually covers, and why valid claims still get denied. We cover the essentials: Should you supplement your Short-Term Disability? What if you're not seeing the right kind of doctor? And how can you protect your claim from the start? Nancy also answers listener questions about Long-Term Disability appeals, rare or misunderstood conditions, and how to advocate for yourself when symptoms aren't easy to document. This isn't just about fine print - it's about real strategies for real people navigating a complicated system. Whether you're in the middle of a claim, planning ahead, or just trying to understand the process, this episode is your guide to making sense of disability insurance. Let's get started.In this episode, we'll cover the following topics:One - Should I Get Flex DI Insurance to Supplement My Short-Term Disability Benefits?Two - Can a Disability Insurance Carrier Rightfully Deny a Claim if You Don't Treat With a Specialist?Three - Listener-Submitted QuestionsWhether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals. 

In this episode we're talking to Chelsea Ryckis, President of Ethos Benefits on what it means to view your health plan through the eyes of a fiduciary and how that perspective could lead to savings and improved benefits for your employees. Chelsea presented on this topic at the 2024 International Society of Certified Employee Benefit Specialists Symposium. Hear many other great presentations like hers at this year's Symposium! https://www.iscebs.org/symposium Check out Chelsea's own podcast from Ethos Benefits: https://businessofbenefitspodcast.com/ Don't forget - if you manage an ERISA plan, you're legally required to think (and act!) like a fiduciary. The International Foundation has your back with everything you need to know about your fiduciary duties in one easy-to-understand e-learning course. It's a great option to learn about your duties for the first time or brush up on them: https://www.ifebp.org/education---events/virtual-education-and-webcasts/e-learning-course/e-learning-courses/fiduciary-responsibility-for-erisa-plans

Nevin (Adams) & Fred (Reish) brought their prolific,pugnacious, and provocative perspectives in a live podcast format to the record-breaking NAPA 401(k) Summit. In part 1 the precocious podcasting pair talked about anumber of lessons to be learned from recent litigation, including:     - Who bears the burden of proof in ERISA litigation—according to the United States Supreme Court (bad policy, but “good” law)?- A rare jury trial—and a BIG settlement.  Why they're rare (but may become more common).  Oh, and it involved a multiple employer plan (MEP).   - Fred clarifies his prediction on PEPs (but he's still a fan).In part 2, the pugnacious pair presciently pontificated on:      - What to make/do about the recent surge in litigation regarding plan forfeitures;    - What to consider in light of recent developmentsregarding private investments in defined contribution plans;    - The implications of/for proxy voting by definedcontribution plans in the aftermath of recent litigation regarding American Airlines.Episode ResourcesForfeituresForfeiture Litigation Update Impact of Forfeiture Lawsuits on Plan SponsorsAlternative/Private Investment TrendsThe Growing Case for Alternatives in Retirement Saving: NAPA 401(k) SummitHow Advisors REALLY Feel About Private Markets Investments in 401(k)sProxy Voting How Fiduciaries Can/Should Fulfill Proxy Voting Responsibilities: HauserTrump-led DOL to Address ESG Rule Through Rulemaking Process

First Time Homebuyers Hit a Record Low With the high cost of housing and higher interest rates, people trying to get their first home dropped to a record low around 23% in 2024. The average age of the first-time homebuyer has increased 10 years over the historical average to 38 years old. The median income is now $97,000 and the first-time home buyers are coming up with an average down payment of 9% of the value of the home. Many of these young buyers are using FHA loans, which require a very small down payment and according to research roughly 30% of all FHA mortgages have a debt service ratio of over 50%. This means more than half of these buyers' incomes is going toward servicing debt. This could be a hard pill to swallow for young buyers with not much money left over for luxuries like vacations and new cars. However, if when they buy the home, they understand that if they really tighten their belts for the next three to four years, they will probably be fine. New home builders are doing what they can to try and get rid of the largest inventory of unsold homes on their lots since 2009. The median price of a new home is currently less than one percent higher than the median price of existing properties, which historically has seen a 17% premium. The home builders are using profits from their homes to buy down mortgages. Even though the 30-year mortgage was recently around 6.8%, home builders can buy these mortgages down which led buyers of new homes to a rate around 5%. Buying down these rates has cost home builders about 8% of the purchase price of the home. This reduces their profits but better than the alternative of sitting on unsold homes with a carrying cost for the builder. I don't see this situation getting better anytime soon because I'm not looking for a large decrease in mortgage rates and incomes over the next year will probably increase somewhere around 3 to 4%. We continue to believe the rapid increase in the price of homes over the last few years will not last and it will now take some time to get back to normal market. Maybe we will see a better real estate market in 2027 or 2028.   Is Bitcoin coming to your 401k? I have been concerned with bitcoin and crypto as a whole for several years for many reasons including fraud, illicit activity, and the fact that there is really no way to derive an intrinsic value for it since there is no earnings, cash flow, or anything really backing the asset class. I was disappointed to see the current Labor Department removed language that cautioned employers to exercise “extreme care” before making crypto and related investments available to their workers. They cited “serious concerns” about the prudence of exposing investors' retirement savings to crypto given “significant risks of fraud, theft, and loss.” While this isn't necessarily a full-on endorsement for placing crypto in 401k plans, it definitely seems like the administration is continuing on its path to try and normalize crypto as an established asset class. Even with this change in language I would be surprised to see a huge surge in cryptocurrencies within 401k plans. Ultimately, ERISA bestows a fiduciary duty on employers and company officials overseeing 401k investments and that means legally employers must put the best interests of 401(k) investors first and act prudently when choosing which investments to offer (or not offer). Given the extreme volatility within crypto I believe it would be a huge risk for these companies to offer it as it could open them up to lawsuits if there are major declines. We'll have to see what other changes are made as time progresses, but I don't believe crypto has any place within a 401k plan at this time.   Inflation report shows continued progress The personal consumption expenditures price index, which is also known as PCE and is the Federal Reserve's key inflation measure, showed an annual increase of just 2.1%. Core PCE, which excludes food and energy, showed a gain of 2.5%. Both results were 0.1% below their respective estimates. Overall, inflation has continued to cool and is now quite close to the Fed's 2% target. The question that remains is how will tariffs ultimately impact inflation? An economist from Pantheon Macroeconomics said that he believed core PCE would peak later this year between 3.0% and 3.5%, if the current mix of tariffs remained in place. I would say it is difficult to forecast the tariff impact since we don't know what will ultimately be passed on to the end consumer. It will definitely be interesting to see what numbers look like in the coming months, but ultimately, I believe most of the concerns around inflation are overblown and even if the rate for PCE is around 3%, I don't see that as being problematic for the economy.     Financial Planning: What it Means to be an Accredited Investor An accredited investor is someone who meets specific income or net worth thresholds—such as earning over $200,000 annually ($300,000 with a spouse) or having over $1 million in net worth excluding their home—and is allowed to invest in private securities offerings not registered with the SEC. These investments, which include private REITS, private equity, hedge funds, and startups, often promise high returns but carry significant risks such as illiquidity, limited transparency, and the potential for total loss. While many of these offerings are only available through fiduciary advisors—who are legally obligated to act in their clients' best interest—investors must still exercise caution. Fiduciary duty applies only in certain contexts (such as investment advice) and may not extend to related areas like insurance or commission-based products. Additionally, what qualifies as “acting in your best interest” is often subjective and open to interpretation. Working with a fiduciary does not guarantee protection, and investors should remain vigilant, ask questions, and independently evaluate any recommendation. Also, private investments aren't necessary better than public investments, so just because you qualify as an accredited investor doesn't mean you should be investing in private securities.   Companies Discussed: Regeneron Pharmaceuticals, Inc. (REGN), Intuit Inc. (INTU), Target Corporation (TGT) & Toll Brothers, Inc. (TOL)

In this episode of Friday Fiduciary Five, Eric Dyson talks about the Department of Labor's (DOL) Compliance Assistance Release 2025-01, effective May 28, 2025, which rescinds previous DOL and EBSA guidance on cryptocurrency in 401(k) plans. The DOL clarifies that the "extreme care" standard mentioned in the 2022 release does not exist in ERISA; instead, it refers to the duty of loyalty and prudence. Eric remains skeptical about including cryptocurrencies in 401(k) plans until evidence shows improved participant outcomes. He emphasizes that sophisticated investors should handle such investments individually, not through their 401(k) plans, to avoid overly complex investments for the average employee.Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information contained herein is general in nature and is provided solely for educational and informational purposes.It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice, or legal advice.The specific facts and circumstances of all qualified plans can vary, and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan specific circumstances.

Adam Bergman is the founder of IRA Financial, is a U.S.based fintech company specializing in self-directed retirement accounts, offering a platform for individuals to invest their retirement funds in alternative assets.  Why you should listen Founded by Adam Bergman, a former tax and ERISA attorney, IRA Financial empowers individuals to take control of their retirement funds through self-directed IRAs and Solo 401(k)s. Unlike traditional retirement accounts that limit you to stocks and bonds, IRA Financial opens the door to alternative investments like real estate, precious metals, private placements, and even cryptocurrencies. With over 24,000 clients and $3.2 billion invested in alternative assets, they're making diversification more accessible than ever. IRA Financial offers IRAfi Crypto, a platform that allows you to buy, sell, and trade cryptocurrencies within your retirement account 24/7. Partnered with Bitstamp, it supports over 30 popular tokens, including Bitcoin and Ethereum. The best part? There's no need to set up an LLC, and they handle all IRS reporting for you. For a $100 annual fee and a 1% trading fee, you get full control over your crypto investments, all within a tax-advantaged account . It's a modern twist on retirement planning, giving you the freedom to invest in the digital assets shaping our future. Supporting links Stabull Finance IRA Financial Andy on Twitter  Brave New Coin on Twitter Brave New Coin If you enjoyed the show please subscribe to the Crypto Conversation and give us a 5-star rating and a positive review in whatever podcast app you are using.

Welcome to a special edition of We get work®, recorded live from Workplace Horizons 2025 in New York City, Jackson Lewis's annual Labor and Employment Law Conference. Over 500 representatives from 260 companies gathered together to share valuable insights and best practices on workplace law issues impacting their business today. Here's your personal invitation to get the insights from the conference, delivered directly to you. 

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 5, Episode 19 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Understanding CPET Examinations with Guest Dr. Betsy Keller."What if one test could offer the hard proof patients with ME/CFS, Long COVID, and fibromyalgia have been waiting for? Join disability law expert Nancy L. Cavey as she dives into one of the most important – and misunderstood – tools in chronic illness advocacy today: Cardiopulmonary Exercise Testing, or CPET. Often overlooked or mischaracterized, CPET isn't just another stress test. It's a scientifically rigorous way to measure functional limitations that traditional tests often miss. In this episode, Nancy is joined by Dr. Betsy Keller, a nationally recognized leader in exercise science and a pioneer in using CPET to support patients in both medical and legal arenas. Together, they break down what CPET is, how it works, and why it's gaining traction in disability claims – especially for those whose conditions have long been doubted or dismissed. But CPET isn't without controversy. We'll explore how insurers evaluate these tests, what makes a CPET legally credible, and the ethical challenges of asking chronically ill patients to push their limits in pursuit of validation. This is more than a medical deep dive – it's a critical conversation about science, strategy, and the fight to have invisible illnesses taken seriously in the eyes of the law. Don't miss it.If you'd like to follow along with slides mentioned in this episode, follow this link: https://www.youtube.com/watch?v=NrZiDVo3W8QIn this episode, we'll cover the following topics:One - Introduction to and Foundations of CPETTwo - CPET in the Context of Long-Term DisabilityThree - Best Practices and AdviceWhether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals. 

Check the episode transcript hereABOUT ADAM BERGMAN Adam Bergman is an author, former tax and ERISA attorney, and the founder of IRA Financial - an industry leader in self-directed retirement solutions. Through Adam's leadership, IRA Financial has helped over 25,000 clients take control over their retirement and invest over $4.6 billion of retirement funds into alternative assets. Adam has authored 9 books on self-directed retirement plans, and is a leading voice in the self-directed retirement industry.    Prior to starting IRA Financial, Mr. Bergman was a tax and ERISA attorney at White & Case LLP, Dewey LeBoeuf LLP, and Thelen LLP, three of the most prominent corporate law firms in the world. He received his B.A. (with distinction) from McGill University and his law degree (cum laude) from Syracuse University College of Law. He then went on to receive his Masters of Taxation (LL.M.) from New York University School of Law. He is a member of the Tax Division of the American Bar Association and New York State Bar Association.  THIS TOPIC IN A NUTSHELL: Adam's career and transition to retirement advisoryWhat Is a Self-Directed IRA?Tax Benefits of Self-Directed IRAsSolo 401(k)s for Business OwnersIRA Financial's Client ExperienceCommon Use Cases for Real Estate InvestorsFreedom of Investment ChoiceSolo 401(k) vs IRA: Key DifferencesThe Power of Compounding & Roth AccountsConnect with Adam  KEY QUOTE:  "The goal isn't just to get rich. It's to get rich tax-free."  ABOUT THE WESTSIDE INVESTORS NETWORK   The Westside Investors Network is your community for investing knowledge for growth. For real estate professionals by real estate professionals. This show is focused on the next step in your career... investing, for those starting with nothing to multifamily syndication.     The Westside Investors Network strives to bring knowledge and education to real estate professionals that is seeking to gain more freedom in their life. The host AJ and Chris Shepard, are committed to sharing the wealth of knowledge that they have gained throughout the years to allow others the opportunity to learn and grow in their investing. They own Uptown Properties, a successful Property Management, and Brokerage Company. If you are interested in Property Management in the Portland Metro or Bend Metro Areas, please visit www.uptownpm.com. If you are interested in investing in multifamily syndication, please visit www.uptownsyndication.com.   #RealEstateInvesting #SelfDirectedIRA #Solo401k #TaxFreeInvesting #AlternativeAssets #RetirementPlanning #WealthBuilding #IRAInvesting #FinancialFreedom #PassiveIncome #InvestWithIRA #DiversifyYourPortfolio #CheckbookControl #RothIRA #PreTaxIRA #TaxDeferredGrowth #HardAssets #TangibleAssets #SelfDirected401k #RealEstateIRA #PrivateInvestments #RealAssets #IRACompliance #InvestmentFreedom #RetirementWealth #AssetControl #SmartInvesting #WealthStrategy #RecessionResistant #LongTermWealth CONNECT WITH ADAM:Website: https://www.irafinancial.comYouTube: IRA FinancialLinkedIn: https://www.linkedin.com/in/adambergman1  CONNECT WITH US   For more information about investing with AJ and Chris:  ·    Uptown Syndication | https://www.uptownsyndication.com/  ·    LinkedIn | https://www.linkedin.com/company/71673294/admin/   For information on Portland Property Management:  ·    Uptown Properties | http://www.uptownpm.com  ·    Youtube | @UptownProperties     Westside Investors Network  ·    Website | https://www.westsideinvestorsnetwork.com/  ·    Twitter | https://twitter.com/WIN_pdx  ·    Instagram | @westsideinvestorsnetwork  ·    LinkedIn | https://www.linkedin.com/groups/13949165/  ·    Facebook | @WestsideInvestorsNetwork  ·    Tiktok| @WestsideInvestorsNetwork  ·    Youtube | @WestsideInvestorsNetwork  

Today's workplace realities are rewriting the HR playbook. That's according to Johnny C. Taylor, Jr., CEO of SHRM, the Society for Human Resource Management, and their 2025 State of the Workplace report.Johnny shares what the research reveals about employees' expectations and the challenges facing HR decision makers today. Host Rodney Bolden shares findings from Morgan Stanley at Work's own State of the Workplace study, and together they dive into what's driving change in recruitment, benefits, employee experience, leadership development, and the growing role of AI in the future of work and in workplace benefits—all topics we'll explore in more depth on this season of Invested at Work. Follow Invested at Work wherever you listen to or watch podcasts. Visit MorganStanley.com/atwork for more insights on workplace financial benefits. Invested at Work is brought to you by Morgan Stanley at Work, hosted by Rodney Bolden. Our executive producers are Fiona Kelsey and Lisa Boyce. Our production partner is Sequel Media Inc.The guest speaker is neither an employee nor affiliated with Morgan Stanley Smith Barney LLC. Opinions expressed by the guest speaker are solely his or her own and do not necessarily reflect those of Morgan Stanley Smith Barney LLC.The information and data presented may be deemed reliable; however, their accuracy and completeness is not guaranteed by Morgan Stanley and providing you with this information is not to be considered a solicitation on our part with respect to the purchase or sale of any securities, investments, strategies or products that may be mentioned.When Morgan Stanley Smith Barney LLC, its affiliates and Morgan Stanley Financial Advisors and Private Wealth Advisors (collectively, “Morgan Stanley”) provide “investment advice” regarding a retirement or welfare benefit plan account, an individual retirement account or a Coverdell education savings account (“Retirement Account”), Morgan Stanley is a “fiduciary” as those terms are defined under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and/or the Internal Revenue Code of 1986 (the “Code”), as applicable. When Morgan Stanley provides investment education, takes orders on an unsolicited basis or otherwise does not provide “investment advice”, Morgan Stanley will not be considered a “fiduciary” under ERISA and/or the Code. For more information regarding Morgan Stanley's role with respect to a Retirement Account, please visit www.morganstanley.com/disclosures/dol. Tax laws are complex and subject to change. Morgan Stanley does not provide tax or legal advice. Individuals are encouraged to consult their tax and legal advisors (a) before establishing a Retirement Account, and (b) regarding any potential tax, ERISA and related consequences of any investments or other transactions made with respect to a Retirement Account.Artificial intelligence (AI) is subject to limitations, and you should be aware that any output from an AI-supported tool or service made available by the Firm for your use is subject to such limitations, including but not limited to inaccuracy, incompleteness, or embedded bias. You should always verify the results of any AI-generated output.Employee stock plan solutions are offered by E*TRADE Financial Corporate Services, Inc., Solium Capital LLC, Solium Plan Managers LLC and Morgan Stanley Smith Barney LLC (“MSSB”), which are part of Morgan Stanley at Work.Morgan Stanley at Work services and stock plan accounts are provided by wholly owned subsidiaries of Morgan Stanley.Morgan Stanley at Work stock plan accounts were previously referred to as Shareworks, StockPlan Connect or E*TRADE stock plan accounts, as applicable. Equity Edge Online® employee stock plan solutions are offered by E*TRADE Financial Corporate Services, Inc. and are part of Morgan Stanley at Work.In connection with stock plan solutions offered by Morgan Stanley at Work, securities products and services are offered by MSSB, Member SIPC. E*TRADE from Morgan Stanley is a registered trademark of MSSB. All entities are separate but affiliated subsidiaries of Morgan Stanley. The laws, regulations, and rulings addressed by the products, services, and publications offered by Morgan Stanley and its affiliates are subject to various interpretations and frequent change. Morgan Stanley and its affiliates do not warrant these products, services, and publications against different interpretations or subsequent changes of laws, regulations, and rulings. Morgan Stanley and its affiliates do not provide legal, accounting, or tax advice. Always consult your own legal, accounting, and tax advisors.Morgan Stanley is an equal opportunity employer committed to diversifying its workforce (M/F/Disability/Vet).© 2025 Morgan Stanley Smith Barney LLC. Member SIPC.CRC 4395861 04/2025

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 5, Episode 18 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Should Your Workers' Compensation Records Be Part of Your ERISA Disability Carrier's File."What seems like a routine paperwork decision could quietly sabotage your ERISA Long-Term Disability claim. Join attorney Nancy L. Cavey, a nationally recognized expert in disability law, as she explores a critical - but often misunderstood - question: should your workers' compensation records be included in your ERISA disability file? It's not just red tape. When both claims stem from the same injury or illness, what goes into your file - and what stays out - can shape the entire outcome of your case. We'll examine how the two systems interact, why adding workers' compensation records might work for you in some cases but backfire in others, and the troubling reality of selective use: when insurers cherry-pick damaging details from your records but leave out the parts that could actually help you. This is one of those behind-the-scenes moves that can define your financial future - and most claimants never see it coming. Tune in to learn how to navigate this legal gray area, avoid common traps, and make informed decisions about what belongs in your disability file.In this episode, we'll cover the following topics:One - The Relationship Between Workers' Compensation and ERISA Disability ClaimsTwo - When Workers' Compensation Records Help or Hurt Your ERISA ClaimThree - The Problem of Selective Omission by Disability CarriersWhether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals. 

In this episode of Friday Fiduciary Five, Eric Dyson talks about the recent surge of forfeiture lawsuits and urges plan fiduciaries, advisors, and committee members to scrutinize their fiduciary processes rigorously. Referencing previous episodes on the topic, Dyson summarizes lawsuits filed by the Schlichter Bogard law firm, which allege that plan sponsors violated fiduciary duties by not using forfeitures in accordance with plan documents, thereby contravening the duty to follow plan terms consistent with ERISA. He emphasizes the importance of reviewing plan documents, operating plans as intended, and clearly outlining policies on forfeitures to mitigate litigation risks. Use the keyword “90north”: https://www.fiduciaryinabox.com/ Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information contained herein is general in nature and is provided solely for educational and informational purposes.It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice, or legal advice.The specific facts and circumstances of all qualified plans can vary, and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan specific circumstances.

In this episode, host Stacey Richter speaks with Ann Lewandowski about whistleblowing in the healthcare industry, focusing on a significant case involving a whistleblower at an employee benefit consultant (EBC) firm. This EBC allegedly pocketed their clients' pharma rebates, violating the Consolidated Appropriations Act of 2021.  The discussion highlights the nuances of being a whistleblower, the ethical dilemmas faced, compliance challenges, and the significant financial implications for companies and individuals involved in illegal activities.  Ann Lewandowski provides insights into documenting and protecting oneself legally and discusses the broader context of trust and transparency in the healthcare sector. Click through to the show notes below to access all of the mentioned links and prior episodes mentioned. === LINKS ===

Nevin (Adams) & Fred (Reish) brought their prolific,pugnacious, and provocative perspectives in a live podcast format to the record-breaking NAPA 401(k) Summit.That's right, at the mid-point of the 2025 NAPA 401(k)Summit, the precocious podcasting pair talked about a number of lessons to be learned from recent litigation, including:Who bears the burden of proof in ERISA litigation—according to the United States Supreme Court (bad policy, but "good" law)? A rare jury trial—and a BIG settlement.  Why they're rare (but may become more common).  Oh, and it involved a multiple employer plan (MEP).Fred clarifies his prediction on PEPs (but he's still a fan).And that's just Part 1! Episode Resources Burden of Proof RulingSupremes Back Cornell Plaintiffs in ERISA Burden of ProofStandardOral arguments in the case:  Supremes Hear ERISA Burden of Proof CaseThe Cornell University Litigation “Saga”  https://www.napa-net.org/header/search/?q=cornellERISA Jury TrialsJury Slaps Pentegra with $39 Million in Damages in MEPExcessive Fee SuitFidelity Wins Motion on Jury DemandPEP PerspectivesNevin & Fred: Could a Predominant PEPs Prediction ProvePositive?PEPs Will Match Single Employer Plan Adoption in 5 to 10 Years: Fred Reish

For over 20 years, Shannon and her team at TriStar Pension Consulting have acted as a secret weapon for financial advisors, CPAs, small businesses, and plan sponsors. They are the go-to resource for plan design, fixing broken retirement plans, client presentation support, and high-touch customer service.Since starting the firm over two decades ago, her goal has been to provide a deeper level of retirement plan knowledge and service for clients, as well as a flexible workplace for employees. Today, they are one of the leading providers of retirement plan administration for small businesses.Shannon is a credentialed member of the American Society of Pension Professionals and Actuaries (ASPPA) and the National Institute of Pension Administrators (NIPA). She currently serves on the ASPPA Leadership Council and as a member at large on the board of directors of the American Retirement Association (ARA). Shannon co-chaired the ARA Women in Retirement Conference (WiRC) as well as the ASPPA TPA Growth Summit. She has also served on several fundraising committees and supports many non-profits locally, such as Infant Crisis Services, Make a Wish Oklahoma, and Cleats for Kids.If you are a financial advisor, CPA, or business owner with retirement plan questions, please be sure to connect with Shannon on LinkedIn. You can also email her at shannon@tristarpension.com.In this episode, Eric and Shannon Edwards discuss:Courtroom insights reveal real fiduciary risks Unlicensed, unbiased guidance fills a critical gap Military backgrounds bring strategic value to finance Proactive planning improves outcomes Key Takeaways:Litigation shows that inadequate documentation, unclear investment policies, and ignoring DOL guidance are common pitfalls that expose plan sponsors to ERISA lawsuits.By operating outside traditional financial licenses, 90 North Consulting offers compliance-free, litigation-informed fiduciary support tailored to plan sponsors' needs.The transition from service member to financial consultant highlights the adaptability, discipline, and leadership needed to navigate complex regulatory environments.Fostering financial literacy, implementing debt management strategies, and engaging in continuous plan improvement can close the retirement savings gap and safeguard both employees and employers.“[The single most overlooked risk is doing nothing]. There's a risk in sticking with the status quo and not looking at how to make your plan better." - Eric DysonConnect with Shannon Edwards:Website: https://www.tristarpension.com/ LinkedIn: https://www.linkedin.com/in/shannonedwardsplanconsultant/ Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information and content of this podcast are general in nature and are provided solely for educational and informational purposes. It is believed to be accurate and reliable as of the posting date, but may be subject to change.It is not intended to provide a specific recommendation for any type of product or service discussed in this presentation or to provide any warranties, investment advice, financial advice, tax, plan design, or legal advice (unless otherwise specifically indicated). Please consult your own independent advisor as to any investment, tax, or legal statements made.The specific facts and circumstances of all qualified plans can vary, and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan-specific circumstances.

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 5, Episode 17 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Medical Treatment and Your Long-Term Disability Claim."Join attorney Nancy L. Cavey, a leading expert in disability claims, for a revealing conversation about three critical - and often underestimated - medical treatment issues that can make or break your Long-Term Disability case. Whether you're applying for coverage, actively filing a claim, or facing a denial, these overlooked factors can have serious consequences for your financial future. In today's episode, we'll explore why your disability application may be your biggest legal vulnerability, how “independent” medical evaluations are often anything but - especially with subjective conditions - and the surprising reality that insurance companies don't need to match medical specialties when denying your claim. These behind-the-scenes tactics derail countless legitimate claims, but with the right knowledge, you can protect yourself. We'll show you what to watch for, how to respond, and how to strengthen your case from the start. Let's get into it.In this episode, we'll cover the following topics:One - Lessons Learned About Applying for Disability Insurance: Why Your Pre-Existing or Asymptomatic Conditions MatterTwo - Not-So-Independent Medical Evaluation by Lincoln National Dooms Policyholder's Fibromyalgia ClaimThree - Do ERISA Regulations Require a Reviewing Physician to Match Your Treating Doctor's Specialty?Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals. 

In this episode of Friday Fiduciary Five, Eric Dyson talks about the Cunningham vs. Cornell Supreme Court decision and its implications for ERISA plans and the potential implications for Health Plans based on the Consolidated Appropriations Act (“CAA”). He emphasizes that the decision does not change how fiduciaries should operate but highlights guidance that is already in place. Eric explains prohibited transactions in ERISA plans, the necessity of ERISA 408(b)(2) disclosures, and the importance of reasonable fees. He also extends these requirements to health plans under the Consolidated Appropriations Act, advising plan sponsors to ensure proper fee disclosures and fiduciary processes for both retirement and health plans.Use the keyword “90north”: https://www.fiduciaryinabox.com/ Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information contained herein is general in nature and is provided solely for educational and informational purposes.It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice, or legal advice.The specific facts and circumstances of all qualified plans can vary, and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan specific circumstances.

This episode features CII General Counsel Jeff Mahoney covering the top 10 important events affecting institutional investors from April 1 to May 6, 2025.

In this episode, we unpack the Supreme Court's unanimous decision in Cunningham v. Cornell University — a landmark ERISA case with major implications for retirement and health plan fiduciaries. We explain the facts behind the case, what “prohibited transactions” really mean, and why the Court's ruling on affirmative defenses matters. If your health plan pays fees to TPAs, PBMs, IDR vendors, or brokers, this episode is for you.

Gina Alsdorf has more than 15 years of experience in employee benefits, working on complex issues involving ERISA, employee benefit plans, and related laws. Her past clients include trustees, plan committees, plan sponsors, consultants, registered investment advisors, broker-dealers, banks, insurance companies, third-party administrators, and recordkeepers for retirement plans and individual retirement accounts. Gina received her JD, cum laude from University of Georgia Law School and was awarded an LLM in Employee Benefits with honors, from the University of Illinois, Chicago Law School.In this episode, Eric and Gina Alsdorf discuss:Evaluating PBM contracts with expert oversightPrioritizing transparency in pricing modelsAlign PBM incentives with participant outcomes, if possibleInvest in education and oversight for long-term successKey Takeaways:Engage legal and consulting professionals to analyze contract terms, ensuring alignment with fiduciary responsibilities and plan objectives.Understand the financial structure of PBM arrangements, favoring models that clearly show how costs and profits are distributed.Select partners and structures that place plan participant benefit above corporate profit, especially in vertically integrated PBM organizations.Encourage continuous learning and mentorship among benefit managers to adapt to a complex and evolving pharmacy benefits landscape.“ERISA does not give you the duty to go for the cheapest price. You're supposed to get the best service for the money for your people.” - Gina AlsdorfConnect with Gina Alsdorf:Website: https://www.carltonfields.com/team/a/gina-alsdorf LinkedIn: https://www.linkedin.com/in/gina-alsdorf/ Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information and content of this podcast is general in nature and is provided solely for educational and informational purposes. It is believed to be accurate and reliable as of the posting date, but may be subject to change.It is not intended to provide a specific recommendation for any type of product or service discussed in this presentation or to provide any warranties, investment advice, financial advice, tax, plan design, or legal advice (unless otherwise specifically indicated). Please consult your own independent advisor as to any investment, tax, or legal statements made.The specific facts and circumstances of all qualified plans can vary, and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan-specific circumstances.

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 5, Episode 16 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Navigating Claims With Charcot-Marie-Tooth Disease (CMT)."Join attorney Nancy L. Cavey, a leading expert in disability claims, for an eye-opening discussion on a frequently misunderstood condition with major implications for long-term disability benefits: Charcot-Marie-Tooth disease, or CMT. If you haven't heard of CMT, you're not alone. Though it's one of the most common inherited neurological disorders, it's often overlooked - especially in disability evaluations. That oversight can cost you the benefits you need. In today's episode, we'll break down what CMT is, how it progresses, and why it can be more disabling than people - including insurance companies - realize. From muscle weakness and balance issues to pain and fatigue, we'll explore how to document your condition effectively and meet insurer expectations. You'll learn how CMT interacts with disability policy standards, what evidence to submit, and how to avoid the most common claim mistakes. Whether you're applying, appealing, or just exploring your options, this episode is packed with strategies to protect your financial future. Let's get into it.In this episode, we'll cover the following topics:One - Understanding Charcot-Marie-Tooth DiseaseTwo - Challenges in Proving Disability with Charcot-Marie-Tooth DiseaseThree - Best Practices for Long-Term Disability Claims Involving Charcot-Marie-Tooth DiseaseWhether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals. 

In this episode of Friday Fiduciary Five, Eric Dyson talks about the anatomy of an ERISA class action lawsuit. He explains that attorneys often scrutinize IRS Form 5500s for high fees and underperforming investments. If issues are found, former employees may become named plaintiffs. After a complaint is filed, a motion to dismiss is typically the first defense. If this fails, discovery involves extensive document exchange. Eric emphasizes the importance of detailed meeting minutes and a thorough review of all plan documents and documents that represent a fiduciary process for plan compliance.Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information contained herein is general in nature and is provided solely for educational and informational purposes.It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice or legal advice.The specific facts and circumstance of all qualified plans can vary and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan specific circumstances.

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 5, Episode 15 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Allsup, and Filing Concurrent Social Security Disability and Long-Term Disability Claims."Join attorney Nancy L. Cavey, a leading expert in disability claims, for an eye-opening discussion on the intersection of ERISA Disability insurance and Social Security Disability benefits. If your Long-Term Disability carrier has suggested using a third-party service like Allsup to handle your SSDI application, you're not alone - but is that really in your best interest? In today's episode, we're pulling back the curtain on what Allsup promises versus what you may actually experience. From the fine print in your ERISA policy to the strategic timing of your SSDI application, we'll explore why many claimants are required to apply for Social Security Disability - often before their Long-Term Disability claim is even approved. Whether you're just starting the claims process or re-evaluating your options, this episode is packed with essential guidance to help you make informed decisions, avoid common pitfalls, and protect your financial future. So, let's get into it.In this episode, we'll cover the following topics:One - Did Your ERISA Disability Carrier Suggest That You Use Allsup to File a Claim for Social Security Disability Insurance? Why the Four Claims That Allsup Makes About Why You Should Use Them to Handle Your Social Security Disability Don't Make SenseTwo - Is Allsup Really Interested in Helping Me or the Disability Insurance Carrier When the Carrier Recommends I Use Allsup to Apply for Social Security Disability Benefits?Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals. 

The shadow docket strikes once again! We break down the Court's unusual immigration ruling in AARP v. Trump (no, not that AARP!), and then briefly discuss the much-heralded ERISA case (Cunningham v. Cornell). But first we discuss some blog news, some SCOTUS news, and some SCOTUSblog news. 

We discuss a CDP case argued before the US Supreme Court, a decision from the same court related to prohibited transactions under ERISA and more.

In this episode of Friday Fiduciary Five, Eric Dyson talks about lessons learned from the Supreme Court case Cunningham v Cornell, focusing on the distinction between prohibited transactions and exempt prohibited transactions under ERISA. He emphasizes the importance of proper disclosures, such as ERISA 408(b)(2) disclosures, to ensure arrangements are reasonable and not prohibited. Eric highlights the need for committee members and advisors to understand their legal fiduciary duties and to manage plan expenses WHEN POSSIBLE by writing checks for services rather than using plan assets. He also notes concerns about the potential for increased litigation and fiduciary liability insurance costs due to an implied lower pleading standard from this case.Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information contained herein is general in nature and is provided solely for educational and informational purposes.It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice or legal advice.The specific facts and circumstance of all qualified plans can vary and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan specific circumstances.

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 5, Episode 14 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Physical Therapists and Their Disability Claims."Join attorney Nancy L. Cavey, a leading expert in disability claims, for an insightful discussion on the unique challenges physical therapists face when it comes to Long-Term Disability benefits. From the daily occupational hazards to the kinds of injuries and conditions that can end a career, today's episode dives into what happens when the healer becomes the patient. We'll break down the real-world risks physical therapists face, how specific disabilities can impact your ability to perform your job, and what you need to know to successfully navigate the claims process. Whether your coverage is through an employer, a professional association, or an individual policy, this episode is packed with essential guidance on protecting your income and your future.In this episode, we'll cover the following topics:One - Occupational Hazards for Physical TherapistsTwo - Disabilities That Can Sideline a Physical TherapistThree - Long-Term Disability Benefits for Physical TherapistsWhether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals. 

In this episode of Friday Fiduciary Five, Eric Dyson talks about the potential risks of including cryptocurrencies in ERISA retirement plans. He emphasizes that sophisticated, highly volatile investments like cryptocurrencies may not be suitable for group retirement plans. Eric references a Senate bill introduced by Senator Tommy Tuberville that seeks to reverse the Department of Labor's guidance against cryptocurrency investments in retirement plans. He argues that the DOL's guidance highlights significant risks, and without compelling evidence showing improved participant outcomes, he advises against including cryptocurrencies in ERISA plans. Eric also references articles from Plan Advisor magazine that highlight differing opinions among advisors regarding the appropriateness of cryptocurrencies in financial plans.Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information contained herein is general in nature and is provided solely for educational and informational purposes.It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice or legal advice.The specific facts and circumstance of all qualified plans can vary and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan specific circumstances.

In this case, the court considered this issue: Can a plaintiff state a claim under ERISA's provision prohibiting a plan fiduciary from knowingly engaging in transactions with barred parties, solely by alleging that such a transaction took place?The case was decided on April 17, 2025.The Supreme Court held that To state a claim under Section 1106(a)(1)(C) of ERISA, a plaintiff need only plausibly allege the elements listed in that provision itself: that a plan fiduciary knowingly caused the plan to engage in a transaction involving goods, services, or facilities with a party in interest. The plaintiff is not required to plead that the transaction does not qualify for an exemption under Section 1108. Justice Sonia Sotomayor authored the unanimous opinion of the Court.Section 1106(a)(1)(C) establishes a clear, categorical prohibition on certain transactions between a pension plan and a party in interest. ERISA's structure places relevant exemptions, including those for reasonable and necessary services under Section 1108(b)(2)(A), in a separate statutory provision. Because those exemptions are laid out apart from the prohibitions and refer back to conduct already defined as unlawful, they function as affirmative defenses. As a result, plan fiduciaries who wish to invoke an exemption bear the burden of pleading and proving it. Plaintiffs, on the other hand, are not obliged to anticipate and refute every possible statutory or regulatory exemption.Reading exemptions as affirmative defenses also aligns with longstanding legal principles and avoids unworkable results. Requiring plaintiffs to negate all exemptions—especially when ERISA includes 21 statutory and hundreds of regulatory exemptions—would be impractical and unfair, particularly because the relevant facts are often in the defendant's possession. Procedural safeguards such as pleading requirements, discovery limits, and Rule 11 sanctions enable federal courts to deter and manage meritless litigation without shifting the pleading burden to plaintiffs. Consequently, only the elements in Section 1106(a)(1)(C) must be pleaded to survive a motion to dismiss.Justice Samuel Alito joined the majority opinion in full and authored a concurrence, in which Justices Clarence Thomas and Brett Kavanaugh joined.The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you. 

In this episode of ShiftShapers, host David A. Saltzman welcomes compliance expert Carol Taylor, JM, of BenefitMall, for a deep dive into the rapidly evolving world of employer compliance. From court rulings and legislative penalties to HIPAA security updates and AI-driven benefit denials, Carol offers critical insights for anyone navigating today's tangled regulatory landscape.She unpacks the latest on ERISA preemption battles, mental health parity lawsuits, and the real-world impact of complex compliance rules on small agencies and employers. With rising penalties and tech-driven claim denials making headlines, Carol arms listeners with strategies to stay compliant—and stay out of court.

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 5, Episode 13 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Understanding Policy and Plan Language and Terminology."Join attorney Nancy L. Cavey, a leading expert in disability claims, for an insightful discussion on the critical role that policy and plan language plays in your disability claim. From the meaning of “proof of claim” to unexpected travel restrictions, and even how unrealistic settlement expectations can sink your case, this episode is packed with real-world examples and legal insights. Learn why understanding the fine print of your ERISA plan could be the key to winning your benefits.In this episode, we'll cover the following topics:One - Do You Have to Provide Your Disability Carrier With Objective Evidence of Illness to Get Your ERISA Disability Benefits?Two - Unrealistic Settlement Expectations Doom ERISA Mediation – “If My Wife Doesn't Get 100% of the Full Value of Her Claim, I'm Going to Divorce Her.”Three - Can I Travel Overseas and Collect My ERISA Disability Benefits?Four - Why the Language in an ERISA Summary Plan Description and an Administrative Service Agreement Can Make All the Difference in How an ERISA Disability Claim Is Handled and by WhomWhether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals. 

In this episode of Friday Fiduciary Five, Eric Dyson talks about the ARA Leadership Triangle: Authority, Responsibility, and Accountability. He emphasizes that while authority can be delegated, responsibility cannot. Eric uses examples from leadership roles to illustrate the consequences of lacking these elements: apathy without accountability, frustration without authority, and boredom without responsibility. He stresses that ERISA plan fiduciaries cannot completely offload their responsibilities to service providers, even if there are shared fiduciary roles. Eric highlights the importance of monitoring delegated tasks and maintaining fiduciary duties, even when responsibilities are shared.Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information contained herein is general in nature and is provided solely for educational and informational purposes.It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice or legal advice.The specific facts and circumstance of all qualified plans can vary and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan specific circumstances.

ERISA gives plan sponsors great power and great responsibility. On this week's podcast, attorneys Ron Peck and Nick Bonds get back to ERISA fundamentals to talk about how to really embrace fiduciary status and properly exercise discretionary authority.

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 5, Episode 12 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Disability in the Modern World, Advocacy, and More with Guest Hollis Peirce."Join attorney Nancy L. Cavey, a leading expert in disability claims, and special guest Hollis Peirce for an insightful discussion on disability advocacy, the realities of living with a disability in today's world, and more. Hollis, born with muscular dystrophy, shares his personal journey, offering a firsthand perspective on how disability impacts his daily life - highlighting that living with a disability can often feel like a full-time job. He also discusses the challenges faced by those with disabilities in the modern world and explores ways people can get involved in disability advocacy.In this episode, we'll cover the following topics:One - Hollis' Personal Journey and ExperienceTwo - Disability in the Modern WorldThree - Advocacy and PerspectiveWhether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Hollis, who hosts the podcast 21st Century Disability, can be found at the following:Website: https://www.21stcenturydisability.com/Instagram: https://www.instagram.com/21stcenturydisability/Facebook: https://www.facebook.com/21stcenturydisabilityBluesky: https://bsky.app/profile/21stcentdisability.bsky.socialLinkedIn: https://www.linkedin.com/in/hollis-peirce-347122239/Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

Have a comment or question? Click this sentence to send us a message, and we might answer it in a future episode.Welcome to Season 5, Episode 11 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Exploring Various Occupations, and How Their Performer's Claims Were Denied or Terminated."Join attorney Nancy L. Cavey, a leading expert in disability claims, for an insightful discussion on various occupations and the reasons behind denied or terminated disability claims. Many prospective disability applicants mistakenly believe that they are automatically entitled to benefits, regardless of their job or occupation. However, different policies and plans set varying disability thresholds depending on the occupation. In today's session, Nancy L. Cavey will examine three distinct claims denials or terminations, each involving applicants from different occupations, to explore how (or whether) their careers impacted their claims.In this episode, we'll cover the following topics:One - Why Was Unum's Termination of Long-Term Disability Benefits for a Johns Hopkins Nurse with Fibromyalgia and Undifferentiated Connective Tissue Disorder Upheld by a Florida Court?Two - Blue Cross Blue Shield Senior Recovery Specialist's Unum Disability Benefits for AION Visual Issues Reinstated by CourtThree - How First Reliance Successfully Terminated a Lawyer's Benefits for Chronic Fatigue SyndromeWhether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.Listen to Our Sister Podcast:We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/Resources Mentioned in This Episode:LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mindLINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefitsFREE CONSULT LINK: https://caveylaw.com/contact-us/Need Help Today?:Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

A Deep Dive into HR Consulting and OutsourcingIn this episode, we spoke with Jim Cichanski, founder and CEO of Flex HR, about the evolving landscape of HR consulting and outsourcing. Jim shared his extensive experience in the industry, highlighting how Flex HR has grown over the past 25 years to become the largest HR consulting and outsourcing firm in the Southeast. Flex HR provides a comprehensive range of services, including employee onboarding, payroll management, and compliance oversight, helping businesses navigate the complexities of HR as they scale. Jim emphasized that professional HR support becomes essential as startups grow, enabling leaders to focus on core operations while ensuring compliance and employee satisfaction.Jim also discussed the increasing impact of technology and AI in the HR space. While automation can streamline processes like payroll and benefits management, he stressed the importance of maintaining a human touch in HR interactions to build trust and engagement. Flex HR serves companies with 50 to 500 employees, offering tailored solutions for both small and larger organizations. With a team of 50 consultants across the country, Flex HR is committed to mentoring and supporting HR professionals, ensuring businesses develop strong HR practices and maintain compliance with evolving regulations.As the episode concludes, Jim highlights the value of trust and transparency in leadership, underscoring the importance of clear communication and consistent follow-through. Flex HR also offers webinars, training sessions, and other resources to empower HR professionals and business leaders. For those interested in enhancing their HR functions and fostering a positive work environment, Flex HR provides the expertise and tools needed to ensure long-term success.About Jim Cichanski:Jim, the Founder and CHRO for Flex HR has 50+ years' experience in human resources, holding senior level positions in companies that were privately held, pre-IPO, foreign owned, joint venture, Fortune 50 and one labeled the “fastest growing F1000 in America.” He has a solid background in high tech, manufacturing, services and management.His background in human resources includes organizational process evaluation and improvement, labor laws, integration of businesses, cost reduction, organizational development, and all functional areas of human resources. These include but are not limited to Benefits, Compensation, Staffing, Diversity, ERISA, DOL Compliance, Immigration, Learning & Development, Stock Administration, Executive Compensation, Employee Relations, and over 350 Mergers & Acquisitions. Jim's experience includes operational HR management knowledge globally in 32 countries and has transitioned companies from 30 to 67,000 employees worldwide. Companies he has worked for include Unisys, Novell, Premiere Technologies and PaySys International. Jim is a certified Six Sigma Green Belt.Jim also spent 27 years in the Army National Guard achieving the rank of Colonel, was inducted into the Officer Candidate School Hall of Fame, and received numerous awards including the Legion of Merit. Jim holds a BA in Applied Behavioral Sciences, is a graduate of the Department of Defense Equal Opportunity Institute, has served on the board of HealthSource of Georgia, recently served on the Board of Directors for HomeStretch and was an inside board member of 17 companies. He is an active member of many HR professional organizations.Flex HR has been named one of the “Top 25 Most Promising HR Outsourcing Service Providers” in Outsourcing Gazette Magazine in October 2015. In September 2008, 2012 and 2013 INC Magazine recognized Flex HR as an Inc 5000 “Fastest GrowingAbout Flex HR:Flex HR is co-located in the...

In this episode of Friday Fiduciary Five, Eric Dyson talks about the 80/20 rule, also known as the Pareto Principle, in the context of ERISA plans. He explains that 70-80% of assets and contributions are in target date funds, yet much time is spent evaluating the core lineup. Eric emphasizes the need to focus on the 20% of issues that drive 80% of outcomes, particularly in target date funds and managed accounts. He suggests that committees should prioritize evaluating these key areas to improve participant outcomes, and a reminder that the primary driver of retirement success is the amount contributed to the plan.Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information contained herein is general in nature and is provided solely for educational and informational purposes.It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice or legal advice.The specific facts and circumstance of all qualified plans can vary and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan specific circumstances.

In part 1 of this two part episode, Stacey Richter speaks with James Gelfand, President and CEO of the ERISA Industry Committee (ERIC), about the potential effects of proposed Medicaid cuts on plan sponsors and their members.  They explore ways plan sponsors can prepare for the changes, including Medicaid's four major areas of possible cuts: reducing waste, fraud, and abuse; implementing work requirements; reeling in provider taxes; and addressing the 'Cornhusker Kickback' from the ACA.  The conversation also delves into how state governments and hospitals might respond to these cuts and suggests actions for plan sponsors to mitigate potential impacts. The episode is part one of a two-part series, with the second episode covering Medicare site neutral payments and HSA reforms. === LINKS ===

In part 2 of episode 469, host Stacey Richter discusses the implications of Medicare site neutral payments and Health Savings Account (HSA) reforms with James Gelfand, president and CEO of the ERISA Industry Committee (ERIC).  The episode details how plan sponsors should adapt to Medicare's site neutral payment policies aimed at curbing hospital consolidation and inflated prices through facility fees and markups. Gelfand provides insights into how HSA reforms currently in Congress could expand the scope of preventive care covered before deductibles are met, benefitting both employers and employees.  The conversation also touches on the challenges high deductible health plans pose and the potential benefits of codifying recent IRS guidance to allow greater flexibility in pre-deductible coverage. The discussion underscores the importance of plan sponsors staying ahead of Medicare policies to avoid higher costs. === LINKS ===

Trouble with taxes as a foreigner with business in the US? Or how can you legally reduce your tax to $0? Adam Bergman is a 9-time author, former tax and ERISA attorney, and the founder of IRA Financial - an industry leader in self-directed retirement solutions. Adam is a leading voice in the self-directed retirement industry and has been interviewed on CBS News and quoted in over one hundred and thirty major news publications in retirement tax planning - listen to one of the best tax interviews this season.***DON'T KNOW WHERE TO START WITH FRANCHISING? Grab Bob Bernotas' free course for a limited time only at edu.franchisewithbob.com/ideal***WHY LISTEN TO OUR INTERVIEW WITH ADAM BERGMAN:[00:00-04:40] It all started with IRAs[04:41-07:25] Real Estate Investments with IRA and 401k[07:26-15:02] Leverage saving accounts BETTER I[15:03-16:12] Sponsor: Franchising made easy[16:03-20:48] Leverage saving accounts BETTER II[20:49-26:44] International Investments and Tax Implications[26:45-29:37] Get the best tax advice to your door[29:38-32:18] Sometimes it's all luckReach out to Adam at  https://www.irafinancial.comAny questions?*** Interested in our $10k/month passive strategy? Just sign up for our newsletter at https://bit.ly/iwg-strategy BOOK IS OUT! Grab Your Copy and learn how to get your feet wet in real estate investing Download episodes to your favorite platforms at idealinvestorshow.com Connect with us through social! We'd love to build a community of like-minded people like YOU!

In this episode of 401(k) Roundtable, Rick Unser is joined by Todd Solomon, ERISA Attorney and partner at McDermott Will, & Emery Law Firm, for a timely conversation on the evolving fiduciary landscape. They explore trends in ERISA litigation, the impact of the current administration on the Department of Labor, and the shifting expectations around fiduciary duties. Key topics include the balance between duty of loyalty and prudence, the role of participant demographics in plan decisions, and the challenges plan sponsors face in weighing cost versus value—especially when selecting investments like target date funds. Todd and Rick also highlight the importance of thoughtful documentation, proactive committee engagement, and innovative strategies to improve participant outcomes in today's complex regulatory environment.

In this episode of Friday Fiduciary Five, Eric Dyson breaks down the key differences between ERISA 3(21) investment advisors and ERISA 3(38) investment managers. He explains how these roles impact plan sponsors, committee responsibilities, and investment decision-making.Eric highlights the main advantage of hiring a 3(38) investment manager. He also discusses the cost structure, the importance of monitoring fiduciary duties, and the potential risks of over-delegation. For plan sponsors deciding between these two fiduciary roles, he provides practical guidance on evaluating advisors, understanding the investment policy statement, and ensuring clear communication with service providers.Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information contained herein is general in nature and is provided solely for educational and informational purposes.It is not intended to provide a specific recommendation of any type of product or service discussed in this presentation or to provide any warranties, financial advice or legal advice.The specific facts and circumstance of all qualified plans can vary and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan specific circumstances.

Marcia Wagner is the founder of The Wagner Law Group, one of the nation's largest and most highly regarded law firms specializing in ERISA, employee benefits, and executive compensation, and has practiced employee benefits law for over 38 years. Ms. Wagner is an authority on qualified and non-qualified plans, fiduciary issues, deferred compensation, and welfare benefit arrangements, with experience in plan design and drafting, compliance, tax planning, and consultation on all aspects of ERISA and the Internal Revenue Code. Ms. Wagner also serves as an expert witness in ERISA litigation. Ms. Wagner has recently been appointed to the Board of Directors for the American Benefits Council, as well as a Member to the Board of Governors of the American College of Employee Benefits Counsel. Ms. Wagner has written hundreds of articles and 27 books. She is a highly sought after lecturer, is widely quoted in financial journals and has been a guest on Fox, CNN, Bloomberg, and NBC.In this episode, Eric and Marcia Wagner discuss:Committing to continually enhancing servicesBest practices that benefit professionals must followAdopting investment policy statements and other governance documentsDoing things with integrity and excellenceKey Takeaways:Providers must continually enhance services to meet evolving industry standards, legal requirements, and client expectations. Benefit professionals should follow best practices, such as documenting processes, monitoring fees, evaluating service providers through RFPs and benchmarking, and thoroughly documenting meeting minutes to demonstrate prudent fiduciary processes.Investment policy statements, although not legally mandated, are considered fiduciary best practices for retirement plans and should be treated as plan documents if adopted.Believe in the industry's support for the middle class and social stability, maintaining humanity, generosity, flexibility, enthusiasm, pursuing excellence and integrity, and embracing the notion that everything will work out in the end.“Remember your humanity, and don't let the bastards get you down because you will encounter people who are good. Have a generous heart and just be as flexible as you can be. Be open to things that are new. Be enthusiastic. Try to do what you do with excellence and integrity.” - Marcia WagnerConnect with Marcia Wagner:Website: https://www.wagnerlawgroup.com/attorney/wagner-marcia-s/ LinkedIn: https://www.linkedin.com/in/marciawagner Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ The information and content of this podcast is general in nature and is provided solely for educational and informational purposes. It is believed to be accurate and reliable as of the posting date but may be subject to change.It is not intended to provide a specific recommendation for any type of product or service discussed in this presentation or to provide any warranties, investment advice, financial advice, tax, plan design or legal advice (unless otherwise specifically indicated). Please consult your own independent advisor as to any investment, tax, or legal statements made.The specific facts and circumstances of all qualified plans can vary and the information contained in this podcast may or may not apply to your individual circumstances or to your plan or client plan-specific circumstances.

Can you believe the Affordable Care Act is turning 15 years old this weekend?! And oh boy, it's acting like a moody teenager.Join me as I sit down with super lawyer Marilyn Monahan, widely considered an expert on the ACA—whether you call it PPACA, Obamacare, or the Health Care Reform Bill. We're diving into the biggest mistakes that are still tripping up employers, including some sneaky ERISA and benefits law landmines.About the Show:The H.I.T. Podcast (Powered by Montage Insurance Solutions): A thought leader in the space, curating the top news and information to deliver a brief, high impact overview designed specifically for the Human Resources professional, business person, and company executive.Find out more here: www.hitpodcast.comSpecial thanks to our Platinum Sponsors: TruHu AND Excel Health PlansThank you to Rula. Visit: www.rula.com/HITpodcastThank you to our Gold Sponsors: Kingdom Legacy Benefits (KLB) AND CignaDon't forget to like, comment, and subscribe for more game-changing insights!