Podcasts about erisa

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 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.

#ThisMorning on #BRN | #Retirement | #2025 | A #Special #ERISA #Court to #Reduce #Legal #Uncertainties | Kevin Walsh, Groom Law Group | #Tunein: broadcastretirementnetwork.com #Aging, #Finance, #Lifestyle, #Privacy, #Retirement, #Wellness and #More - #Everyday

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 ===

Personally, I have had to inform employees that their jobs were being eliminated. Sometimes because of a budget cut, sometimes due to their performance. How we handle these events is important to the people directly impacted and also to those who remain behind. This podcast will be addressing both topics and how to better structure a layoff scenario—and do it with empathy.  Jim Cichanski, the founder, and Chief Human Resources Officer of Flex HR, has 30+ 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 300 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 26 years in the Army National Guard achieving the rank of Colonel.Please visit our sponsors!L3Harris Technologies' BeOn PPT App. Learn more about this amazing product here: www.l3harris.com Impulse: Bleeding Control Kits by professionals for professionals: www.dobermanemg.com/impulseDoberman Emergency Management Group provides subject matter experts in planning and training: www.dobermanemg.com

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.

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 10 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Conditions That Might Be Subject to Term Limitations or Exclusions – Understanding Them, and Why."Join attorney Nancy L. Cavey, a leading expert in disability claims, for an insightful discussion on medical conditions that may be subject to term limitations or exclusions. Many prospective disability applicants believe that if they have a medical condition and a doctor confirms they are disabled, they have an open-and-shut case. Unfortunately, this is often not the case - particularly when the disability is mental in nature, or when a physical disability is partially linked to a mental health condition. In today's session, Nancy L. Cavey will explore a range of medical conditions that could be subject to these limitations or exclusions and explain why.In this episode, we'll cover the following topics:One - Drug Addiction / Substance Abuse and Your ERISA Disability ClaimTwo - Alzheimer's Disease and Your ERISA Disability Insurance ClaimThree - Gender Dysphoria and Your ERISA Disability Insurance ClaimWhether 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 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!

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 9 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Denial and Termination Games That Carriers Play."Join attorney Nancy L. Cavey, a leading expert in disability claims, for an insightful discussion on the denial and termination tactics commonly used by disability insurers. Disability carriers often employ various strategies in an attempt to deny claims, and today, Nancy will delve into some of these, including the use of vocational evaluators and efforts to classify work as sedentary. She will also analyze a failed claim denial, demonstrating how these tactics are challenged and overturned in court.In this episode, we'll cover the following topics:One - Should My ERISA Disability Attorney Hire a Vocational Expert in My ERISA Disability Appeal? The Vocational Evaluation GameTwo - The Sedentary Work Game That Disability Carriers Play at the Any Occupation Stage of an ERISA Disability ClaimThree - Guardian's Untimely Production of New Evidence Used to Deny a Claim Overturned by CourtWhether 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 8 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "The Interplay Between Physical and Mental Disabilities in An ERISA Disability Claim."Join attorney Nancy L. Cavey, a leading expert in disability claims, for an insightful discussion on the complexities of mental nervous condition limitations in ERISA disability policies - especially when they intersect with physical disabilities. In this episode of Winning Isn't Easy, Nancy unpacks two key limitations insurers use to deny or terminate claims, including the notorious "Monty Python" limitation, which cuts off benefits if a mental condition contributes to a disability, no matter how minimally. Through real-world cases - from post-surgical depression to fibromyalgia - she reveals how insurers exploit these clauses to restrict benefits. Don't miss this essential conversation on protecting your rights and navigating these restrictive policies. In this episode, we'll cover the following topics:One - Case Study: McEachin v. Reliance Standard Life Ins. Co.Two - What Constitutes Disability in the Context of a Mental Nervous Claim?Three - The Interaction between Physical and Mental Health DisabilitiesFour - What Happens if You Become Disabled Sequentially by Physical and Mental Illness?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.

On this podcast episode we interview Jason Ireland, President of Industrial Supply Company (ISCO), a distributor of manufacturing parts who went 100 percent ESOP last year. Jason explains the step by step process their 100-year-old company went through to transition to an ESOP process.  The company was part union and part non-union, providing some background for some companies dealing with that reality.  There is even a ghost in this story…but he cannot be part of the ESOP (it's an ERISA thing).  We discuss the consensus building process with multiple shareholders and Jason's future generation as part of the leadership to steer the company into the future of employee ownership making the employees part of this family. 

In this episode of Friday Fiduciary Five, Eric talks about the importance of the Investment Policy Statement (IPS) as a plan document under ERISA. He references Interpretive Bulletin 2016-1, which clarifies that the IPS is a written guideline for fiduciaries, essential for maintaining plan investments. Eric emphasizes that drafting an IPS is a fiduciary act and must be adhered to unless it would be imprudent to do so. He cites a quick example of when that may not be prudent or appropriate in the case of a well-funded pension plan preparing to terminate which may want to have all assets in cash or other instruments for preservation of capital.. He advises against NOt having as IPS, as it provides a roadmap for fiduciaries, ensuring compliance with ERISA and maintaining prudence and loyalty in investment decisions.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.

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 7 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "The Importance of Nurse Consultants in Long-Term Disability Claims with Shannon Fenimore."Join attorney Nancy L. Cavey, a leading expert in disability claims, and special guest Shannon Fenimore, a nurse and nurse consultant, for an insightful discussion on the vital role of nurse consultants in disability claims. They explore how nurse consultants assist in advocating for clients, particularly during independent medical examinations, and other interactions with attorneys and clients. Tune in to this episode of Winning Isn't Easy to gain valuable insights into their impact and responsibilities.In this episode, we'll cover the following topics:1 - An Overview of Nurse Consultants2 - Nurse Consultants and IMEs3 - Other Questions Regarding Nurse ConsultantsWhether 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.

Jason is a key advisor at Great Gray Trust Company, specializing in CIT eligibility and investment-related matters. He negotiates agreements with plans, subadvisors, and service providers. Previously, Jason spent 13 years at Covington & Burling LLP, focusing on ERISA investing and policy issues. Committed to retirement policy, he has a proven track record of legislative and policy changes. Jason holds a JD from Columbia University and a BA from the University of Pennsylvania. He serves on the Pension Rights Center Board and frequently speaks at industry events, shaping the future of retirement planning.In this episode, Eric and Jason Levy discuss:The growing popularity of CITsRegulations involving CITsCIT availability Why fiduciaries should consider CITs Key Takeaways:Collective Investment Trusts (CITs) are growing in popularity as a cost-effective alternative to mutual funds for retirement plans, offering similar investment strategies at lower costs.CITs are regulated under a regime tailored specifically for retirement plans, providing enhanced investor protections compared to mutual funds.Historically, CITs were only accessible to the largest retirement plans, but minimum investment requirements have decreased, making them available to smaller and mid-sized plans as well.Plan fiduciaries and advisors should consider adding CITs to their investment lineups, as the cost savings can significantly impact participant retirement outcomes over time.“Even in the small plan market, CITs are available, even the smallest plans through those aggregators would be able to access CITs. Regardless of the size of your plan, CIT should be on your radar.” - Jason LevyConnect with Jason Levy:Website: https://greatgray.com/ Email: jason.levy@greatgray.comLinkedIn: https://www.linkedin.com/in/jason-levy-19783a17/ Great Gray Trust Company, LLC Collective Investment Funds (“Great Gray Funds”) are bank collective investment funds; they are not mutual funds. Great Gray Trust Company, LLC serves as the Trustee of the Great Gray Funds and maintains ultimate fiduciary authority over the management of, and investments made in, the Great Gray Funds. Great Gray Funds and their units are exempt from registration under the Investment Company Act of 1940 and the Securities Act of 1933, respectively.Investments in the Great Gray Funds are not bank deposits or obligations of and are not insured or guaranteed by Great Gray Trust Company, LLC, any bank, the FDIC, the Federal Reserve, or any other governmental agency. The Great Gray Funds are commingled investment vehicles, and as such, the values of the underlying investments will rise and fall according to market activity; it is possible to lose money by investing in the Great Gray Funds.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.

Welcome back to the Bar! It's cold outside, so we're keeping warm by staying up to date on the latest from the courts and the White House. Kerri and JD discuss the outcome of Lewandowski v. Johnson and Johnson et al., a case about pharmacy benefit managers and ERISA. They also discuss the newest executive order from the White House, this one on IVF. And in Last Call, well, let's just say JD had an egg-cellent idea.

The “flavor of the month” in retirement plan ERISA lawsuits seems to be 401(k) forfeiture reallocation cases, where employers are accused of using forfeited funds to benefit the company instead of plan participants.Richard Clarke, Chief Insurance Officer at Colonial Surety Company, a leading direct seller and writer of surety bonds, joins the 401(k) Specialist Podcast to address why plan sponsors need to remain vigilant and have the proper guardrails in place to mitigate the risk of a costly lawsuit.He'll also talk about some of the new SECURE 2.0 provisions and how plan sponsors can safeguard against fiduciary breaches resulting from the new provisions.Key InsightsRise in 401(k) Forfeiture Lawsuits: ERISA lawsuits targeting 401(k) forfeiture reallocations are increasing, with plan sponsors accused of misusing forfeited funds instead of reinvesting them for participants​.Fiduciary Liability Risks: Plan fiduciaries face personal liability if forfeitures are not handled in accordance with ERISA guidelines, emphasizing the need for proper safeguards​.Secure 2.0 Compliance Challenges: New Secure 2.0 provisions create compliance hurdles for plan sponsors, including higher RMD ages, emergency withdrawals, and expanded eligibility rules​

In this episode of Friday Fiduciary Five, Eric Dyson talks about the Department of Labor Field Assistance Bulletin 2003-03, which provides guidance on how to allocate plan expenses among participants. He discusses that plan sponsors should consider writing checks for plan expenses as an effective way to manage risks in regard to plan fees. Eric explains that per FAB 2003-03 ERISA does not specify a method for fee allocation, giving fiduciaries considerable discretion. He stresses the need for a deliberative process to weigh competing interests and ensure the method chosen is solely in the interest of participants, provided it has a rational basis. Eric also warns that methods unfairly benefiting committee members could raise prohibited transaction issues. He advises reviewing this bulletin in upcoming committee meetings.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.

Scott and Dan look at the Employee Retirement Income Security Act (ERISA) which brought a fiduciary standard to most retirement plans. The act went into effect in 1974 but is beginning to show its age.    How a 50-year-old law changed retirement and why it needs a facelift Dawn of ERISA Man with a Better Plan - We almost had a simpler retirement system Learned by Being Burned - Short pod series about how teachers got burned then got wise to the 403(b) Meridian Wealth Management 403bwise.org Nothing presented or discussed is to be construed as investment or tax advice. This can be secured from a vetted Certified Financial Planner (CFP®). 

On this week's Money Matters, Scott and Pat explore how tariffs and political shifts impact investing and the importance of having a long-term strategy. Then, they break down ERISA, 401(k), and 457 plans, and talk about when it makes sense to roll over your money into an IRA. Plus, they discuss advanced financial planning strategies, including balancing retirement savings with other long-term goals, and making sure you have the right insurance to protect your wealth. Join Money Matters:  Get your most pressing financial questions answered by Allworth's CEOs Scott Hanson and Pat McClain live on-air! Call 833-99-WORTH. Or ask a question by clicking here.  You can also be on the air by emailing Scott and Pat at questions@moneymatters.com. Download and rate our podcast here.