Podcasts about erisa

In this episode of Friday Fiduciary Five, Eric Dyson discusses the importance of clear and specific investment policy statements (IPS) for ERISA plans and non-ERISA plans like 403(b) and 457(b). He emphasizes that IPSs should not include language that suggests the committee or advisor is not bound by the terms, as this undermines the purpose of having an IPS. Dyson references the Department of Labor's Interpretive Bulletin 2016-1, which states that IPSs are documents governing the plan and must be followed by investment managers. He advises against vague IPSs and suggests including concrete rules while still allowing for discretion.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 39 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Inside Disability Law: Insights and Lessons with Attorney Kate MacKinnon."Most disability applicants think the claims process should be simple: you're sick, you can't work, and benefits should follow. But ERISA disability claims are full of misconceptions, hidden pitfalls, and insurance company tactics that can turn a legitimate claim into a long fight. In this episode of Winning Isn't Easy, we're joined by attorney Kate MacKinnon, a recently retired ERISA and individual disability lawyer who spent her career guiding policyholders through denials, appeals, and settlements. Drawing on decades of experience, Kate breaks down the realities every applicant needs to understand. We explore what led Kate to disability law and use her journey to reveal the misunderstandings that often hurt applicants - like the biggest myths about filing a claim, the confusion around appeals, and why many people unintentionally weaken their case by going at it alone. You'll also learn practical strategies: how cases are valued, why and how they settle, what to look for in a disability attorney, and the most common mistakes people make managing claims or appeals themselves. Kate shares guidance on working effectively with attorneys to strengthen a case from the start. As she reflects on her career, she offers clear wisdom for applicants facing uncertainty. You'll walk away with an honest roadmap to the claims and appeals process - and the insight to avoid costly missteps. Winning isn't easy, but understanding what's ahead can make all the difference.In this episode, we'll cover the following topics:One - Kate's Path to Disability Law and Common Disability MisconceptionsTwo - Disability Strategies and the Value of Working With AttorneysThree - Other Wisdom and Kate's Reflections on Her CareerWhether 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, Steve Fretzin, Tim Semelroth, Casey Grabenstein, and Neil Dishman discuss:Treating business development as essentialUsing systems and empowering teamsBuilding a culture of growthLearning through resilience and honesty Key Takeaways:Integrating business development into daily routines and tracking it like billable work ensures steady growth. Making it non-negotiable builds consistency and prevents unpredictable cycles.Leveraging CRM tools, spreadsheets, and point systems keeps outreach organized and accountable. Involving junior lawyers in relationships and strategy builds future rainmakers.Firms that reward, support, and normalize business development create sustainable success. Encouragement at every level strengthens engagement and results.Focusing on process over outcome turns setbacks into lessons and maintains momentum. Honest communication and reflection foster better relationships and continuous improvement. "For me, making myself feel satisfied that I've put in enough in that week to get good results, and then not worrying about whether the results come in… Try to stop worrying about the results and focus on the process is the best that I can do." —  Casey Grabenstein Check out my new show, Be That Lawyer Coaches Corner, and get the strategies I use with my clients to win more business and love your career again. Ready to go from good to GOAT in your legal marketing game? Don't miss PIMCON—where the brightest minds in professional services gather to share what really works. Lock in your spot now: https://www.pimcon.org/ Thank you to our Sponsor!Rankings.io: https://rankings.io/Legalverse Media: https://legalversemedia.com/ Ready to grow your law practice without selling or chasing? Book your free 30-minute strategy session now—let's make this your breakout year: https://fretzin.com/ About Tim Semelroth: Tim Semelroth is Iowa's only board-certified truck accident attorney and a partner at RSH Legal. With over 25 years of experience, he provides trusted expertise in trucking litigation and collaborates with attorneys statewide and beyond. Known for his strategic approach and commitment to fairness, Tim offers consultation to help chart the best course for complex truck accident cases. Connect with Tim Semelroth: Website: https://www.timsemelroth.com/LinkedIn: https://www.linkedin.com/in/timsemelroth/ About Casey Grabenstein: Casey Grabenstein is a litigation partner at Saul Ewing LLP, handling complex commercial disputes and class actions involving securities, consumer fraud, and ERISA. He also advises clients in the cannabis and litigation funding industries, serving as both due diligence and primary counsel. A frequent writer and speaker, Casey brings deep insight into emerging issues in litigation finance and commercial law. Connect with Casey Grabenstein: Website: https://www.saul.com/professionals/casey-grabensteinLinkedIn: https://www.linkedin.com/in/casey-grabenstein-a375094/ About Neil H. Dishman: Neil H. Dishman is a principal at Jackson Lewis P.C. in Chicago, where he helps employers prevent and resolve workplace disputes. His practice spans discrimination, retaliation, and wage-hour compliance, with extensive experience across multiple industries. A sought-after speaker and published author, Neil is known for his practical guidance on employment law and risk management. Connect with Neil H. Dishman: Website: https://www.jacksonlewis.com/people/neil-h-dishmanLinkedIn: https://www.linkedin.com/in/timsemelroth/Email: Neil.Dishman@jacksonlewis.com  Connect with Steve Fretzin:LinkedIn: Steve FretzinTwitter: @stevefretzinInstagram: @fretzinsteveFacebook: Fretzin, Inc.Website: Fretzin.comEmail: Steve@Fretzin.comBook: Legal Business Development Isn't Rocket Science and more!YouTube: Steve FretzinCall Steve directly at 847-602-6911 Audio production by Turnkey Podcast Productions. You're the expert. Your podcast will prove it. 

In this episode of Friday Fiduciary Five, Eric Dyson emphasizes the importance of ERISA plan committee members and retirement plan professionals reviewing their plan documents and investment policy statements (IPS). He notes that forfeiture lawsuits can arise from non-compliance with plan documents. In addition to forfeiture issues, compensation definitions, eligibility, and auto-enrollment provisions of a plan document can be problematic if not observed correctly. Dyson outlines the four fiduciary duties under ERISA: prudence, loyalty, diversification, and adherence to plan documents. He advises regular reviews of these documents and IPSs, including understanding benchmarks, modern portfolio theory, and metrics like the Sharpe ratio. Dyson encourages a 12-month rolling agenda for committee meetings to ensure these reviews are conducted regularly.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.

Ready to explore thoughtful, research-driven ways to help plan for financial confidence and fulfillment in retirement? In this episode of The Retire Sooner Podcast with Wes Moss and Christa DiBiase, the hosts unpack timely topics around housing trends, investment considerations, and purposeful living—helping listeners make informed, values-based decisions for their next chapter. • Review current housing market trends and how shifting buyer and seller dynamics may be influencing property values across the U.S. • Identify regions where housing supply and demand are changing, and how local factors might shape opportunities for homeowners and prospective buyers. • Clarify the relationship between Federal Reserve rate changes and mortgage rates, and understand the broader economic influences that affect borrowing costs. • Compare the considerations of maintaining retirement assets in a TSP versus transferring to another investment platform, including factors like plan flexibility, fees, and ERISA protections. • Evaluate ways to balance cash, bonds, and equities in a diversified portfolio when interest rates fluctuate, keeping long-term goals and risk tolerance in focus. • Discuss how Treasury Inflation-Protected Securities (TIPS) and TIPS ladders might function as inflation-aware options within a retirement income strategy. • Explore the potential role of dividend-paying stocks in retirement portfolios, recognizing both their income potential and market risk factors. • Reflect on the story of a 58-year-old who joined a college football team, illustrating how personal growth and purpose can possibly remain central at any stage of life. • Hear examples of retirees finding meaning in second careers, creative work, and volunteer efforts, highlighting how purpose may support emotional and financial well-being. • Consider how partnering with a fiduciary financial advisor can sometimes help you evaluate choices, understand trade-offs, and create a plan that aligns with your family's priorities. Stay informed and intentional as you think through what your own version of a fulfilling, financially confident retirement could look like. Listen and subscribe to the Retire Sooner Podcast for thoughtful discussions on investing, financial planning, and attempting to live a happier, more purposeful life in retirement. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, Steve Fretzin, Tim Semelroth, Casey Grabenstein, and Neil Dishman discuss:Building consistent habitsTracking meaningful metricsRepurposing and leveraging contentCultivating strategic relationships Key Takeaways:Dedicating time, using accountability systems, and leveraging support drives sustained business growth. Consistency and structure keep focus sharp and opportunities within reach.Monitoring key indicators and focusing on high-value relationships ensures well-directed effort. Data-driven strategy prevents waste and maximizes measurable results.Sharing content across channels expands reach and strengthens brand visibility. Strategic reuse multiplies impact without overextending resources.Nurturing peers, colleagues, and referral sources yields lasting dividends. Balancing expertise with connection builds trust and opens new opportunities. "It starts with knowing your numbers. You have to know where your cases are coming from. You have to track very carefully. You know what the average case value is. And once you start doing things like that, then the answers become obvious." —  Tim Semelroth Check out my new show, Be That Lawyer Coaches Corner, and get the strategies I use with my clients to win more business and love your career again. Ready to go from good to GOAT in your legal marketing game? Don't miss PIMCON—where the brightest minds in professional services gather to share what really works. Lock in your spot now: https://www.pimcon.org/ Thank you to our Sponsor!Rankings.io: https://rankings.io/HireParalegals: https://hireparalegals.com/ Ready to grow your law practice without selling or chasing? Book your free 30-minute strategy session now—let's make this your breakout year: https://fretzin.com/ About Tim Semelroth: Tim Semelroth is Iowa's only board-certified truck accident attorney and a partner at RSH Legal. With over 25 years of experience, he provides trusted expertise in trucking litigation and collaborates with attorneys statewide and beyond. Known for his strategic approach and commitment to fairness, Tim offers consultation to help chart the best course for complex truck accident cases. Connect with Tim Semelroth: Website: https://www.timsemelroth.com/LinkedIn: https://www.linkedin.com/in/timsemelroth/ About Casey Grabenstein: Casey Grabenstein is a litigation partner at Saul Ewing LLP, handling complex commercial disputes and class actions involving securities, consumer fraud, and ERISA. He also advises clients in the cannabis and litigation funding industries, serving as both due diligence and primary counsel. A frequent writer and speaker, Casey brings deep insight into emerging issues in litigation finance and commercial law. Connect with Casey Grabenstein: Website: https://www.saul.com/professionals/casey-grabensteinLinkedIn: https://www.linkedin.com/in/casey-grabenstein-a375094/ About Neil H. Dishman: Neil H. Dishman is a principal at Jackson Lewis P.C. in Chicago, where he helps employers prevent and resolve workplace disputes. His practice spans discrimination, retaliation, and wage-hour compliance, with extensive experience across multiple industries. A sought-after speaker and published author, Neil is known for his practical guidance on employment law and risk management. Connect with Neil H. Dishman: Website: https://www.jacksonlewis.com/people/neil-h-dishmanLinkedIn: https://www.linkedin.com/in/neildishman/Email: Neil.Dishman@jacksonlewis.comConnect with Steve Fretzin:LinkedIn: Steve FretzinTwitter: @stevefretzinInstagram: @fretzinsteveFacebook: Fretzin, Inc.Website: Fretzin.comEmail: Steve@Fretzin.comBook: Legal Business Development Isn't Rocket Science and more!YouTube: Steve FretzinCall Steve directly at 847-602-6911 Audio production by Turnkey Podcast Productions. You're the expert. Your podcast will prove it. 

In this episode of Disruption/Interruption, host KJ interviews Mark Mincy, Chief Commercial Officer at US RX Care, about the hidden complexities and conflicts of interest in the pharmacy benefits industry. Mark shares how his company is disrupting the status quo by demanding transparency, eliminating conflicts, and helping employers reclaim millions in savings. The conversation uncovers the tangled web of PBMs, rebates, and the urgent need for legislative and technological change. Key Takeaways: The PBM System is Riddled with Conflicts of Interest [2:34]Mark explains how pharmacy benefit managers (PBMs) and consultants often act in their own financial interest, not the employer’s or patient’s, leading to inflated drug costs. Rebates and Purchasing Contributions Inflate Drug Prices [8:59]The system of rebates and retrospective payments to PBMs can account for up to 80% of a drug’s cost, forcing manufacturers to raise prices and employers to pay more. Transparency and Fiduciary Duty are Essential for Reform [21:37]Mark’s company, US RX Care, operates with complete transparency, passes back all rebates, and offers per-member-per-month guarantees to eliminate guesswork and conflicts. Employers and Consumers Can Take Action [33:34]Mark recommends joining healthcare purchaser coalitions, hiring ERISA attorneys, and demanding non-conflicted consultants to protect interests and drive industry change. Quote of the Show [31:27]:"Everything's intertwined. You want to move and do the right thing. These employers are between a rock and a hard place, so I do think some legislative action needs to occur." – Mark Mincy Join our Anti-PR newsletter where we’re keeping a watchful and clever eye on PR trends, PR fails, and interesting news in tech so you don't have to. You're welcome. Want PR that actually matters? Get 30 minutes of expert advice in a fast-paced, zero-nonsense session from Karla Jo Helms, a veteran Crisis PR and Anti-PR Strategist who knows how to tell your story in the best possible light and get the exposure you need to disrupt your industry. Click here to book your call: https://info.jotopr.com/free-anti-pr-eval Ways to connect with Mark Mincy: LinkedIn: http://www.linkedin.com/in/mark-mincy-a185497 Company Website: https://us-rxcare.com How to get more Disruption/Interruption: Amazon Music - https://music.amazon.com/podcasts/eccda84d-4d5b-4c52-ba54-7fd8af3cbe87/disruption-interruption Apple Podcast - https://podcasts.apple.com/us/podcast/disruption-interruption/id1581985755 Spotify - https://open.spotify.com/show/6yGSwcSp8J354awJkCmJlDSee omnystudio.com/listener for privacy information.

What happens when setting a boundary means completely starting over?In this powerful and deeply personal episode of Restructured, I sit down with my friend and fellow boundary advocate Jennifer Wiczynski, an ERISA attorney who made a life-changing decision to rebuild her life from the ground up.Content note: This episode includes discussion of an unsafe relationship and may be difficult for some listeners. Please take care while listening and skip ahead a few minutes if needed.We talk about the moments that push us to draw the line, the difference between setting rules and setting real boundaries, and how both of us have learned to protect our peace while running businesses in a demanding industry.It's a conversation about courage, change, and choosing yourself — even when it's hard.Connect with Melissa on LinkedIn⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Learn about Melissa's Keynote Presentation

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 38 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Beyond the Surface: Understanding Soft Tissue Conditions and Disability Claims."Most people think proving a soft tissue injury should be simple - pain is pain, right? But in Long-Term Disability claims, carriers see it differently. Conditions like chronic back strains, tendonitis, or shoulder injuries often don't appear on MRIs or X-rays, and insurers are quick to assume they'll heal on their own. That assumption can turn a legitimate medical issue into an uphill battle for benefits. In this episode of Winning Isn't Easy, disability law expert Nancy L. Cavey unpacks why soft tissue claims are some of the most misunderstood - and most denied - in disability law. You'll learn how carriers evaluate these “invisible” injuries, what they look for in your medical records, and how they use recovery timelines and vague evidence to deny claims. Nancy walks through what you need to know: how soft tissue disorders actually affect the body, how insurers assess your functional capacity, and why detailed documentation - from therapy notes to functional assessments - can make or break your case. You'll also learn how working closely with your doctor and attorney can strengthen your claim and ensure your records clearly show how pain limits your ability to work. By the end, you'll understand why soft tissue claims require more than a diagnosis - they demand strategy, persistence, and proof that connects your pain to your work limitations. Winning Isn't Easy, but with the right evidence and approach, you can turn a “soft” tissue claim into a strong case for the benefits you deserve.In this episode, we'll cover the following topics:One - What Are Soft Tissue Disorders?Two - How Long-Term Disability Carriers View Claims for Soft Tissue ConditionsThree - What Medical Treatment Does a Long-Term Disability Carrier Expect?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. 

"I had no idea. I didn't know what an HSA was, all the acronyms—HRA, HSA, HDHP, ERISA. I really had to learn all of that." When Tammy Sun pitched her fertility startup a decade ago, the category she was building didn't exist. Investors dismissed it as a lifestyle business, a niche play unworthy of venture capital. After 99 rejections, she raised her first million. Today, Carrot Fertility operates in 170 countries, serving millions in a market that didn't even have a name when she started. This conversation arrives at an inflection point. Women over 40 represent the only demographic having more babies, while one in six couples confronts infertility—a number experts believe vastly undercounts reality since you're only counted if you can afford to seek care. Sun saw these contradictions not as obstacles but as opportunities. Without a male co-founder, without prior startup experience, without even knowing basic healthcare acronyms, she built one of the most valuable fertility companies in the world. Her secret wasn't expertise. It was embracing what she didn't know. "Having a beginner's mind and coming in with curiosity and excitement and imagination around the art of what is possible—I can't think of an area of the world that needs it more now than healthcare", Sun explains. From that first million that was "the hardest million dollars I ever raised" to expanding beyond fertility into what she calls "post reproductive fertility care" with their menopause product—which became their fastest growing product ever—Sun has earned the right to her radical advice about imposter syndrome: "You can totally ignore it. You can pretend like it doesn't exist, and you can just act the way that you feel like you should act." In this episode of Inspiring Women with Laurie McGraw, discover how a non-professional founder transformed a personal fertility crisis into a global healthcare platform. From recognizing that "half of all infertility is related to male factor" to launching Sprints at the nexus of metabolic and fertility care, Sun reveals why the future of women's health isn't about incremental improvements to a broken system. It's about having the audacity to imagine something entirely new. For Tammy Sun, building in the space between naivete and expertise isn't a disadvantage. It's the only way to create categories that don't yet exist. In a world where knowing too much can blind you to what's possible, she's proof that sometimes the best qualification for changing healthcare is not knowing why it can't be changed. Key Insights: Why the fastest-growing fertility demographic reveals everything about modern family planning How embracing ignorance became a competitive advantage in healthcare innovation The hidden truth about male factor infertility that affects half of all cases Why imposter syndrome is a luxury founders can't afford How moving from California to Arkansas changed everything What GLP-1s mean for the future of fertility and healthcare About the Guest: Tammy Sun is the Founder and CEO of Carrot Fertility, now operating in almost 170 countries after starting with 12. Without prior founder experience or healthcare expertise, she transformed a personal fertility journey into a category-defining company. She built Carrot into one of the most valuable fertility platforms globally, expanding from fertility into menopause and metabolic fertility care. Chapters 2:03 The State of Women's Health and Political Landscape 4:51 Origin Story: Building a Category from Scratch 8:01 Fertility Trends and the Education Gap 11:41 Raising the First Million: The Founding Journey 15:11 Embracing the Beginner's Mind in Healthcare 16:41 The Future: From Fertility to Lifelong Care 22:38 Advice for Women Founders: Throwing Away Imposter Syndrome Guest & Host Links Connect with Laurie McGraw on LinkedIn Connect with Tammy Sun on LinkedIn Connect with Inspiring Women Browse Episodes | LinkedIn | Instagram | Apple | Spotify

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 37 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Own Occupation vs Any Occupation: Breaking Down Disability Claim Stages."Most people think that winning an ERISA disability claim comes down to proving you're sick or injured enough to stop working. But that's only half the battle. The real fight often happens on the work side of your claim - where insurance carriers dissect your job duties, analyze your skills, and argue that you can still perform “other work,” even if you can't do your old job. In this episode of Winning Isn't Easy, disability law expert Nancy L. Cavey breaks down how carriers use vocational analysis to deny claims - and what you can do to stay one step ahead. You'll learn how insurers evaluate your own occupation versus any occupation, and why these two stages can dramatically change the outcome of your case. Nancy walks through the eight key questions carriers ask, from assessing your residual functional capacity and physical strength to determining how your skills might “transfer” to other jobs. You'll also discover how labor market surveys, transferable skills assessments, and vague job descriptions can be used to distort your work history - and how to push back with detailed, accurate evidence. By the end, you'll understand why your medical records alone aren't enough, and how clear documentation of your job duties, limitations, and vocational profile can make or break your claim. When it comes to ERISA disability claims, knowing how your work is evaluated is just as important as knowing your diagnosis. Because when carriers twist the definition of “work,” you need to be ready to defend the truth. Winning Isn't Easy, but with insight, preparation, and the right strategy, you can protect your benefits and your future.In this episode, we'll cover the following topics:One - The First Four Questions - Proving Disability at the Own Occupation StageTwo - The Next Four Questions - Skills, Transferability, and the Labor MarketThree - The Any Occupation Stage - A Tougher StandardWhether 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 Episode 491, Stacey Richter interviews Elizabeth Mitchell, CEO of the Purchaser's Business Group on Health (PBGH), about the PBGH Transparency Demonstration Project. They discuss the project's aim to provide jumbo self-insured employers with transparency in healthcare costs, quality, and safety data. Collaborating with Milliman and Embold and funded by the Peterson Center on Healthcare, PBGH's project reveals no correlation between higher prices and quality in healthcare services. The episode highlights the impacts on TPAs, consultants, and clinical organizations, and underscores the importance of employers using this new transparency data for strategic advantage and compliance with the Consolidated Appropriations Act. Richter and Mitchell delve into the broader implications for creating high-value networks and fostering market competition based on quality and affordability. === LINKS ===

This Day in Legal History: October ManifestoOn October 30, 1905, Tsar Nicholas II of Russia issued the October Manifesto in response to mounting unrest and revolutionary fervor sweeping the Russian Empire. The 1905 Revolution had erupted earlier that year following the Bloody Sunday massacre, in which unarmed protesters were gunned down by imperial guards. Strikes, peasant revolts, and mutinies within the military and navy intensified public pressure for reform. The October Manifesto promised several liberalizing measures: the creation of a legislative Duma (parliament), expansion of civil liberties including freedom of speech, assembly, and conscience, and a commitment that no law would be enacted without the Duma's consent.Though revolutionary factions remained skeptical, the manifesto temporarily quelled widespread unrest and led to the formation of Russia's first constitutional structure. It marked the first time autocratic power in Russia was publicly limited by law, at least in theory. However, the tsarist regime maintained significant control: Nicholas retained the right to dissolve the Duma at will and manipulate election laws. Conservative forces viewed the manifesto as a concession made under duress, while radicals criticized it as too limited and unenforceable.The October Manifesto also split opposition forces. Some liberals, known as Octobrists, supported working within the new constitutional framework. Others, including the Bolsheviks and Socialist Revolutionaries, dismissed the document as a façade and continued to push for broader revolution. In legal terms, the manifesto introduced the concept of legislative consent into Russian governance, establishing a precedent for popular representation in lawmaking. Although the Duma's actual power remained constrained, the October Manifesto set the stage for future political conflicts that would culminate in the Russian Revolutions of 1917.The Trump administration's recent approvals for oil and gas leasing in Alaska and road development projects are drawing scrutiny from environmental groups, who say the decisions were made opaquely during a government shutdown, limiting their ability to challenge them in court. These projects include reopening leasing in the Arctic National Wildlife Refuge (ANWR), issuing permits for the 211-mile Ambler Road to mining sites, and approving a controversial land exchange to allow road construction through the Izembek National Wildlife Refuge wilderness. Environmental attorneys argue that key documents and analyses justifying these decisions remain unavailable, complicating legal strategies.The Interior Department, operating with a reduced staff, has only offered links to decision documents, providing little insight into environmental protections or regulatory compliance. Although these projects have been previously contested in court, the lack of transparency surrounding the latest approvals hinders further action. Some legal experts suggest potential conflicts of interest—such as the U.S. acquiring a stake in a company tied to the Ambler Road—could be grounds for future lawsuits. Additionally, the Izembek land swap may face legal challenges for bypassing required congressional approval.Environmental Groups Challenged in Fighting Trump's Alaska MovesThree former Morgan Stanley financial advisers are suing the U.S. Department of Labor over a recent advisory opinion that they argue unlawfully shields the bank from arbitration claims related to unpaid deferred compensation. Filed in Manhattan federal court, the lawsuit alleges that the Labor Department's September 9 finding—that Morgan Stanley's deferred compensation plan does not qualify as an employee benefit pension plan under ERISA—conflicts with two prior court rulings that said it does.The plaintiffs, Steve Sheresky, Jeffrey Samsen, and Nicholas Sutro, say the opinion was “arbitrary and capricious” and would undermine their efforts, and those of other former employees, to arbitrate claims over canceled or unpaid compensation. They also claim Morgan Stanley is already using the Labor Department's stance to dismiss ongoing claims and seek reimbursement of legal costs.Though Morgan Stanley is not a defendant in the suit, the plaintiffs argue the agency overstepped its authority and are asking the court to revoke the advisory opinion under the Administrative Procedure Act. The case, Sheresky et al v. U.S. Department of Labor, raises broader questions about administrative agencies issuing legal interpretations that can influence private litigation outcomes without proper judicial or legislative review.Former Morgan Stanley advisers sue US Labor Department | ReutersEli Lilly has announced a new partnership with Walmart to offer its weight-loss drug Zepbound at discounted, direct-to-consumer prices through Walmart pharmacies nationwide. This marks the first time customers using the LillyDirect platform can pick up the medication in person at a retail location. The lowest dose of Zepbound will be available for $349 per month for self-paying patients.The move is part of Lilly's broader strategy to expand access and boost market share in the competitive obesity drug space, currently valued at around $150 billion. Zepbound competes directly with Novo Nordisk's Wegovy, but recent data suggests Lilly has pulled ahead in prescriptions, despite Novo's earlier market entry.Lilly reported that around 35% of Zepbound prescriptions in Q2 came from cash-paying customers using LillyDirect. Both Lilly and Novo have also made their weight-loss drugs available through various telehealth platforms, further expanding patient access.Lilly, Walmart launch first retail pick-up option for weight-loss drug | ReutersA piece I wrote for Forbes earlier this week looks at the escalating tensions surrounding digital services taxes (DSTs), with France once again moving to raise its DST—from 3% to 15%—primarily targeting U.S. tech giants like Google, Meta, and Amazon. The U.S. has responded with familiar threats of tariffs and trade retaliation, repeating a now well-worn pattern of diplomatic pushback without addressing the underlying issue. That issue is structural: the global tax framework was built around physical presence, but today's digital economy allows companies to generate profits in countries where they have no offices, employees, or infrastructure.As frustration builds in countries watching tech firms reap profits without corresponding local tax contributions, DSTs have become a tool to reclaim taxing rights. In response, nearly 140 countries have worked through the OECD to build a two-pillar international solution. Pillar One aims to reallocate taxing rights based on where users are located; Pillar Two introduces a global minimum tax. Yet, while other countries move forward, the U.S. continues to resist fully embracing Pillar One—out of concern for political optics and revenue loss.That resistance is counterproductive. By refusing to commit to a multilateral framework, the U.S. is guaranteeing the very outcome it opposes: a fragmented global tax landscape where each country sets its own rules. The current whac-a-mole strategy—reacting to every unilateral move with threats—offers no long-term protection for U.S. companies and only heightens global instability. It's time for the U.S. to stop playing defense and help finalize a framework that reflects the realities of the digital economy.Whac-A-Mole Taxation Battles Will Persist Without A Global Deal This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

On this Ropes & Gray podcast, benefits consulting principal David Kirchner is joined by Sharon Remmer, an ERISA and benefits partner, and Elliot Saavedra, a senior benefits consultant, to discuss the implications of President Trump's recent Executive Order encouraging expanded access to alternative assets for retirement plans and the potential impact on plan sponsors. Our speakers discuss the evolving regulatory landscape and provide actionable guidance for plan sponsors and fiduciary committees preparing for potential changes in defined contribution plan investment options. As they discuss in the episode, emphasis should be place on the importance of prudent governance and ongoing education as the market and regulatory frameworks develop.Ropes & Gray provides a comprehensive suite of legal services for retail alternatives, including fund formation, registration and compliance, structuring of public-private investment solutions, tax planning, and ongoing regulatory and transactional support. For additional information, please visit our Alternative Retail Funds page, which includes a library of our thought leadership resources with insights on the latest market developments.

SummaryIn this episode of the Compliance Guy podcast, Sean M Weiss welcomes Don Self, a veteran in the medical billing industry, to discuss his extensive experience and insights. They explore Don's two recent books, touching on topics such as medical office management, evaluation and management services, and the importance of understanding ERISA. The conversation highlights the challenges faced by healthcare providers in documentation and billing, as well as the need for better practices in the industry. Personal anecdotes and reflections on mentorship add depth to the discussion, making it both informative and engaging.TakeawaysDon Self has over 40 years of experience in the medical billing industry.The importance of mentorship in professional growth is emphasized.Don's books are accessible and filled with practical advice.Evaluation and management services continue to challenge providers.Documentation practices have become more complex and subjective.Healthcare systems in other countries can offer valuable lessons.Local coverage determinations are crucial for understanding payment policies.ERISA provides significant protections for employees and providers.Many providers are unaware of their rights under ERISA.The conversation encourages proactive engagement with insurance carriers.

Join Traci and attorney Bryan Driscoll for this month's Policy Pulse episode covering the latest workplace regulations that demand your attention. Together they break down the DOL's new emergency pay ruling, a shocking discrimination lawsuit, California's pay transparency expansion, and Supreme Court cases that could reshape federal workplace regulation.Spoiler alert: Emergency pay just became part of your overtime calculation headache, and California is done with fake pay ranges.This episode unpacks how the Department of Labor now requires emergency and hazard pay to be included when calculating overtime rates, making your payroll significantly more complex. You'll also hear about the EEOC's lawsuit against a staffing firm that honored male-only hiring requests and why this puts all recruiters on notice. Discover how California's strengthened pay transparency law demands "good faith" ranges that include total comp, not theoretical maximums, plus why the Supreme Court's upcoming term could create wild policy swings for the NLRB and EEOC.What We Cover:– DOL's new emergency pay overtime requirement– The staffing firm's male-only hiring lawsuit– California's "good faith" pay range mandate– Why vendor compliance doesn't absolve employer liability– Supreme Court cases threatening independent agencies– The ERISA fiduciary risks HR overlooksKey Quote: "California now says you can't put in a job description what you could pay an employee. You have to put in the job posting what you will pay the employee." – Bryan DriscollConnect with Bryan Driscoll: https://www.linkedin.com/in/bryanjohndriscoll/ Connect with Traci here: https://linktr.ee/HRTraci Disclaimer: Thoughts, opinions, and statements made on this podcast are not a reflection of the thoughts, opinions, and statements of the Company by whom Traci Chernoff is actively employed.Please note that this episode may contain paid endorsements and advertisements for products or services. Individuals on the show may have a direct or indirect financial interest in products or services referred to in this episode.

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 36 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Frozen, Torn, or Unstable: Proving Shoulder Disability Claims."Most people think that getting disability benefits for shoulder problems is as simple as showing medical proof - MRI results, surgical records, or doctor's notes about your pain and limited motion. But when it comes to Long-Term Disability claims, that's just the beginning. Insurance carriers often twist the facts, using your own records, treatment notes, or even your words against you to argue that you're “better” or “should have recovered by now.” In this episode of Winning Isn't Easy, disability law expert Nancy L. Cavey breaks down what really happens when shoulder disorders collide with the claims process. You'll learn how the shoulder actually works, and why even a “minor” injury can make it impossible to perform the essential duties of your job. Nancy covers the most common conditions that lead to claims, from rotator cuff tears and frozen shoulder to chronic instability and dislocations, and explains how insurers use tactics like “medical improvement” arguments, surveillance, and Activities of Daily Living forms to undermine your case. You'll also hear practical advice on how to document your symptoms, treatment progress, and job limitations so your claim tells the full story - not the version your insurance company wants to tell. If your carrier says you've recovered, or insists you should be able to work through the pain, this episode shows you how to push back with medical evidence, clarity, and confidence. When it comes to shoulder disabilities, understanding your body, and your rights, can make all the difference. Winning Isn't Easy, but with the right strategy, you can keep your claim strong and your benefits protected.In this episode, we'll cover the following topics:One - Understanding Shoulder Disorders, Anatomy, and the Claims ProcessTwo - Rotator Cuff Disorders and Long-Term DisabilityThree - Frozen Shoulder and Long-Term DisabilityFour - Shoulder Instability and Dislocation in Disability ClaimsWhether 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 qua

What if you could score and rank hundreds of investment funds in mere moments, based on your unique preferences?   In this episode of the Registered Investment Advisor Podcast, Seth Greene interviews Eric Smith, J.D., Chairman & CEO of Decision Technologies Corporation, who discusses their patented decision assistant technology, designed to help investment professionals score and rank mutual funds and ETFs. This powerful tool allows advisors to customize 48 performance factors, enabling them to select the best funds for their clients and providing deeper insights than traditional rating systems like Morningstar. Tune in to learn how this innovative software can transform how you evaluate investments, optimize portfolios, and strengthen client relationships.   Key Takeaways: → Why investment professionals often struggle to understand how their choices compare across the market. → How Decision Technologies' patented tool helps users score and rank investment funds objectively. → How this tool allows you to create personalized ranking systems tailored to your client's goals. → How real-time ranking allows users to monitor funds and adjust as market conditions change. → Decision Technologies provides a game-changing tool for attracting new clients and managing existing investments more effectively.   Eric S. Smith, J.D., is the Chairman, CEO, and Co-Founder of Decision Technologies Corporation (DTC), where he co-invented the company's patented decision-assistance technology. This technology powers DTC's Professional RapidReview Tool (ProRRT) for investment advisors and its Retail Investment Tracking Application (RITA) for individual investors. DTC's transformative technology enables both groups to make informed investment decisions in an increasingly complex financial landscape. Additionally, Mr. Smith serves as President of Trustee Empowerment & Protection, Inc. (TEPI), an SEC-registered investment adviser that helps retirement plan sponsors mitigate risks associated with class-action lawsuits. A licensed institutional investment consultant and attorney with over 22 years of experience in corporate and ERISA law, Eric brings a client-centric perspective to financial services, focusing on empowering individual investors and their advisors. He has spoken at various conferences on fiduciary responsibility, investment decision-making, and the flaws in the financial services marketplace. Connect With Eric: Websitse  https://decisionengines.tech/ https://prorrt.com/LinkedIn https://www.linkedin.com/in/eric-smith-82558710/ Learn more about your ad choices. Visit megaphone.fm/adchoices

Justin, a seasoned U.S. Air Force veteran with extensive experience in Operation Iraqi Freedom and Enduring Freedom, is the Co-Founder and CEO of Catapult HQ, Inc. Catapult provides a flexible Request for Proposal (RFP) platform designed to serve multiple industries and project types, including RFPs, RFIs, RFQs, DDQs, Cybersecurity, Government, Healthcare, and more. Catapult enhances the RFx workflow for organizations worldwide, improving efficiency by over 90% and standardizing internal processes. To date, Catapult has managed over $400 billion in RFPs. Justin is also highly regarded for his technological innovations, serving on the Forbes Technology Council, the advisory board for 20+ companies, and as an Atlassian Leader in North Carolina. He was a part of a team that built the online community with over 13 million monthly viewers and has made a significant impact in the Financial Services - Retirement industry. He has developed three Target Date Solutions for significant institutions such as AllianzGI, Merrill Lynch, and Principal Financial Group's successful Target Date Analyzer. In this episode, Eric and Justin Witz discuss:Using innovation to reclaim time and focusDesigning tools that adapt to real needsBalancing efficiency with human connectionLeading with clarity and transparencyKey Takeaways:Automation and AI can transform exhausting tasks into quick, efficient systems. When technology handles repetition, people gain space to think, connect, and lead with purpose.Flexibility and usability ensure that innovation serves more people. Platforms that adjust to varied industries and workflows stay relevant and valuable over time.Even with automation, genuine service builds trust. A responsive, people-first culture turns technology into a partnership rather than a replacement.Simple, open systems foster accountability and confidence. When processes are fair and information is shared, teams make better decisions and relationships thrive.“What kills companies is the amount of time it takes to respond. So what if we could take the industry average of 39 hours and drop it to, say, 20 minutes? How much more effective can you be in handling more opportunities?” - Justin WitzConnect with Justin Witz:Website: https://catapulthq.com/ LinkedIn: https://www.linkedin.com/in/justin-witz/ Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ Important clarification from the podcast show dialogue: “If an ERISA plan exceeds 100 participants with an account balance but remains under 120 in perpetuity, then the plan would not require an audit for each subsequent year that it remains under 120 participants with a balance. Please verify current rules and check with your plan record-keeper, advisor, or CPA to ensure compliance with this requirement.”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 35 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "The Hidden Role of Job Skills in Winning (or Losing) Your ERISA Disability Claim."Most people think that winning a Long-Term Disability claim is all about proving you're sick or injured, with medical records, doctor's notes, or diagnostic tests. But in ERISA claims, that's only half the story. What often makes or breaks your case isn't just your health - it's your job skills. Insurance companies know that every job leaves you with transferable abilities: skills, knowledge, and experience that could, in theory, be used in another line of work. And they use that to their advantage. By arguing that you can apply your past skills to a new occupation, carriers can deny or terminate benefits even when you clearly can't return to your old job. In this episode of Winning Isn't Easy, disability law expert Nancy L. Cavey explains how your work history and skill classification can shape the outcome of your claim. You'll learn what “own occupation” really means, how insurers decide whether your work is skilled, semi-skilled, or unskilled, and how those labels can be twisted to fit their narrative. Nancy also discusses how vocational experts and work history forms are used, and sometimes misused, during the claims process, along with practical strategies to document your true job duties and protect your benefits. If your disability carrier says you can “do other work,” this episode shows you how to fight back with facts, clarity, and confidence. In disability law, understanding your skills isn't just helpful - it's essential. Winning Isn't Easy, but with the right approach, you can make your story and your skills work for you.In this episode, we'll cover the following topics:One - The Own and Any Occupation Stages and Why Skills MatterTwo - How Carriers Classify Job SkillsThree - Work History, Vocational Experts, and Fighting BackWhether 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 differences between ERISA 3(21) investment advisor and 3(38) investment manager arrangements in retirement plans. A 3(21) advisor provides investment advice but lacks discretion, while a 3(38) investment manager has discretion over fund selection. Eric emphasizes the importance of plan committees monitoring both types of advisors and maintaining an investment policy statement. He also highlights the need for clear communication and understanding of the advisor's roles, including whether they manage QDIA selections and perform record keeper searches, and which role [3(21), 3(38), or other] they are acting under.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.

Donovan Ryckis is the award-winning founder and CEO of Ethos Benefits, leading the charge in fiduciary-driven healthcare strategies for employers. A former Securities Advisor, he shifted from investment advising after uncovering inefficiencies in employer healthcare plans—achieving 40% savings for a client without reducing benefits. Alongside his wife and business partner, Chelsea, Donovan applies a fiduciary financial process to help organizations cut costs and improve outcomes.Brenda Kruse, CFO of Axiom Healthcare Services, brings over 26 years of financial leadership in healthcare and senior living. A licensed CPA, she excels in strategic planning, compliance, and cost management, driving both financial strength and quality care across her organization.In this episode, Eric, Donovan, and Brenda discuss:How employers can apply a fiduciary mindset to healthcare plans under ERISA.The importance of data transparency in managing plan costs and pharmacy benefit managers (PBMs).Aligning advisor compensation with employer and employee interests.Real-world examples of reducing costs while improving employee benefits.Key Takeaways:Many employers don't realize their healthcare plans carry ERISA fiduciary liability just like retirement plans. Creating a formal benefits committee ensures decisions are documented, consistent, and defensible.Data ownership and transparency are critical. Without detailed claims and pharmacy data, employers can't pinpoint where costs are being driven or negotiate effectively.Pharmacy Benefit Managers (PBMs) are often overlooked sources of cost savings. Changing PBMs can reduce plan expenses by up to 50–70% with minimal disruption to employees.Aligning broker and consultant incentives with the employer's goals prevents conflicts of interest and ensures decisions are made in the plan participants' best interests.“If we don't have data, we don't know where our costs are being spent… 60% of our costs were in pharmacy, and yet our previous broker really wasn't even trying to change our pharmacy plan at all.”— Brenda Kruse“Even disclosing fees is only since the CAA of 2021, even still today, companies are doing it very poorly… They say it's part of their entire book of business, so they can't calculate it per client—that's certainly a bad starting point.” — Donovan RyckisConnect with Donovan Ryckis & Brenda Kruse:Website: https://ethosbenefits.com/ & https://www.axmservices.com/LinkedIn: https://www.linkedin.com/in/donovanryckis/ / https://www.linkedin.com/in/brenda-kruse-1a90592b/Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ Important clarification from the podcast show dialogue: "If an ERISA plan exceeds 100 participants with an account balance but remains under 120 in perpetuity, then the plan would not require an audit for each subsequent year that it remains under 120 participants with a balance. Please verify current rules and check with your plan record-keeper, advisor, or CPA to ensure compliance with this requirement." 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 34 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Breast Cancer and Disability - Understanding the Condition, Its Impact, and Your Claim."Most people assume that a breast cancer diagnosis automatically guarantees Long-Term Disability benefits, but in ERISA claims, it's rarely that simple. Insurance companies often downplay symptoms, ignore treatment side effects, or misclassify your job duties to deny or terminate benefits. The truth is, even early-stage breast cancer can cause lasting physical and cognitive challenges that make full-time work impossible, and your paperwork must tell that story clearly. In this episode of Winning Isn't Easy, disability law expert Nancy L. Cavey explains what it really takes to win a breast cancer Long-Term Disability claim. You'll learn how insurers evaluate cancer-related claims, what evidence they find persuasive, and how to document limitations such as fatigue, pain, cognitive changes, and immune issues so your claim stands strong. We'll also cover how your cancer stage, treatment plan, and occupation affect an insurer's decision, and share a real-world case where benefits were cut off too soon and what it took to fight back. If you or someone you love is facing breast cancer while protecting your financial future, this episode offers the knowledge, strategy, and confidence to take control of your claim. Because in disability law, telling your story the right way isn't just important - it's essential. Winning Isn't Easy, but with the right guidance, it can be done.In this episode, we'll cover the following topics:One - Breast Cancer and Its SymptomsTwo - How Breast Cancer Can Be DisablingThree - Case Example – Lessons From the Kiersman CaseWhether 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 episode of Fully Invested, asset management partners, Eric Requenez and Jessica Reece, along with Josh Lichtenstein, a benefits partner and head of the ERISA fiduciary practice, discuss collective investment trusts (CITs) as a compelling strategy for raising and investing money for asset managers. Due to their potential to tap into large sums of retirement assets, we expect CITs to continue growing in importance and sophistication in the coming years, especially in light of President Trump's support for expanding 401(k) and defined contribution plan access to alternative investments. Ropes & Gray provides a comprehensive suite of legal services for retail alternatives, including fund formation, registration and compliance, structuring of public-private investment solutions, tax planning, and ongoing regulatory and transactional support. For additional information, please visit our Alternative Retail Funds page, which includes a library of our thought leadership resources with insights on the latest market developments.  

On this episode of Fully Invested, asset management partners, Eric Requenez and Jessica Reece, along with Josh Lichtenstein, a benefits partner and head of the ERISA fiduciary practice, discuss collective investment trusts (CITs) as a compelling strategy for raising and investing money for asset managers. Due to their potential to tap into large sums of retirement assets, we expect CITs to continue growing in importance and sophistication in the coming years, especially in light of President Trump's support for expanding 401(k) and defined contribution plan access to alternative investments. Ropes & Gray provides a comprehensive suite of legal services for retail alternatives, including fund formation, registration and compliance, structuring of public-private investment solutions, tax planning, and ongoing regulatory and transactional support. For additional information, please visit our Alternative Retail Funds page, which includes a library of our thought leadership resources with insights on the latest market developments.  

In this episode of Friday Fiduciary Five, Eric Dyson discusses the importance of ERISA fiduciary training for plan committee members and industry professionals. He announces the launch of a new training platform, which will offer SHRM professional development credits, CE for advisors with the fi 360 designation, and CFP certification. Eric emphasizes the need for regular, foundational fiduciary training, noting that those with the most responsibility and liability often have the least amount of training. He highlights the prevalence of ERISA training questions in litigation and encourages committee members and advisors to prioritize this education.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 changeIt 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.

In this special RxBenefits-sponsored episode of The ASHHRA Podcast, hosts Bo Brabo and Luke Carignan explore the dynamic pharmacy benefits landscape with experts Sarah Hearn and Wes Hill (Director of Compliance & Legal Operations). Amid the busiest legislative season yet—over 1,500 bills—they discuss PBM reforms, ERISA challenges, compounding alternatives for GLP-1 drugs like Ozempic, 340B pricing, and emerging lawsuits. Gain insights on transparency, cost savings, and compliance for healthcare HR pros navigating employee benefits.Key takeaways for healthcare HR leaders:Legislative Surge: 1,500+ state bills target PBMs, carriers, and more; expect increased reporting burdens but better data for informed decisions.ERISA Erosion Risks: States challenge federal uniformity—multi-state plans face conflicting laws; monitor for compliance headaches.Positive Reforms: New mandates empower plan sponsors with PBM data; leverage 340B and coupons to cut costs (e.g., Wegovy from $1,000 to $100/month).Compounding & Innovation: Affordable GLP-1 alternatives via telehealth, but ensure safety and avoid controlled substance pitfalls.Lawsuits to Watch: Oklahoma ERISA win; Arkansas PBM permit ban challenges interstate commerce—outcomes could reshape operations.Action Steps: Demand vendor transparency; align with ERISA; educate teams on benefits to prevent misuse and optimize savings.Essential listening for HR managing rising pharmacy costs and regulations. Spark curiosity—reach out to RxBenefits for guidance!From Our Sponsors...Optimize Pharmacy Benefits with RxBenefitsElevate your employee benefits while managing costs. Did you know hospital employees fill 25% more prescriptions annually than other industries? Ensure cost-effective, high-quality pharmacy plans by leveraging your hospital's own pharmacies. Discover smarter strategies with RxBenefits.Learn More here - https://rxbene.fit/3ZaurZNStreamline HR Compliance with oneBADGEhealthcareSimplify screening, credentialing, and compliance for healthcare HR. oneBADGEhealthcare from ISB Global offers a tailored solution to keep your workforce compliant and efficient. Built for healthcare leaders, it's your all-in-one compliance tool.Get Started here - https://isbglobalservices.com/onebadgeunitedstates/ashhra/ Support the show

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 33 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "From Canes to Tech: Proving Disability with Assistive Devices."Most people assume that using a cane, walker, or wheelchair automatically proves disability - but in ERISA claims, it's rarely that simple. Insurance carriers don't approve benefits just because you use an assistive device; they want to see why you need it, how it limits your daily function, and whether your medical records tell a consistent story. In this episode of Winning Isn't Easy, disability law expert Nancy L. Cavey breaks down how assistive devices (like canes, braces, wheelchairs, and electric carts) can strengthen your Long-Term Disability claim when documented correctly. We'll explore how to connect your device use to your medical conditions, what kind of documentation insurers actually find persuasive, and the common mistakes that can make even legitimate claims fall apart. What if your doctor prescribed a wheelchair, but the insurer still denies your claim? Does using a cane automatically mean you can't perform sedentary work? How can you prove that your device isn't just optional, but essential to your functioning? Nancy explains how to build the evidence trail insurers can't ignore - linking your diagnosis, limitations, and assistive device into a clear, credible narrative. If you rely on an assistive device or wonder how it affects your eligibility for Long-Term Disability benefits, this episode will give you the clarity, strategy, and confidence to make your records work for you. Because in disability law, the story your paperwork tells can make all the difference - and Winning Isn't Easy.In this episode, we'll cover the following topics:One - How Carriers View Assistive DevicesTwo - Proving Medical NecessityThree - How Specific Devices Affect Disability ClaimsWhether 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 32 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Disability Claims: Your Questions About the Medical Side, Answered."Most people assume proving disability is as simple as saying, “I can't work.” But in ERISA claims, the medical side is where cases are often won - or lost. A diagnosis or doctor's note isn't enough. Carriers want detailed, consistent proof showing exactly how your conditions limit your ability to function. In this episode of Winning Isn't Easy, we're answering your medical questions about disability claims - and breaking down the traps insurers use to deny benefits. What happens when multiple conditions - like back pain, fatigue, and migraines - keep you from working, but insurers minimize their combined effect? How do mental health caps and exclusions for “subjective” conditions like fibromyalgia change your claim? And what are insurers really looking for in your medical records? Disability law expert Nancy L. Cavey explains how to use residual functional capacity forms to your advantage, avoid policy pitfalls, and make sure your records tell the full story. We'll also tackle listener-submitted medical questions with practical steps you can use right now. If you've worried about whether your documentation is strong enough or struggled to show how your conditions prevent you from working, this episode will give you the tools - and confidence - to protect your benefits. Winning isn't easy, but understanding the medical side puts you in control.In this episode, we'll cover the following topics:One - Multiple Disabilities and Residual Functional CapacityTwo - Policy Limitations – Mental Health, Subjective Conditions, and Benefit AmountsThree - What Insurers Look for in Your Medical Records and Functional CapacityWhether 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 31 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Disability Law, Explained: Tackling Your Most Pressing Questions."Most people assume disability insurance and ERISA benefits will protect them when they can't work. But the reality is often far more complicated. In this episode of Winning Isn't Easy, we're tackling the tough questions claimants face with insurers, employers, and the fine print buried in benefit plans. What happens if an insurance company accuses you of “coaching” your doctor? Can a separation agreement's promise to “irrevocably release” your benefits actually stop you from making a claim? And why do insurers dismiss disabling conditions as “not severe enough” even when you can't work? These aren't hypotheticals, they're real roadblocks people face every day. Disability law expert Nancy L. Cavey explains how to respond when your credibility is challenged, avoid traps in severance agreements, and push back when your medical condition is unfairly minimized. We'll also answer listener-submitted questions, giving you practical guidance you can use right now. If you've worried about your rights after a claim denial, felt pressured to sign releases, or struggled to prove your condition is disabling, this episode will give you the tools - and confidence - to fight back. Winning isn't easy, but knowing the rules puts you in control.In this episode, we'll cover the following topics:One - Can an Insurance Company Deny Your Claim by Accusing You of Coaching Your Doctor?Two - Is a “Voluntary, Irrevocable, and Unconditional Release” of ERISA Benefits in a Separation Agreement Legally Binding?Three - Answering 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. 

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

S3E10: What's Trending NOW is Reinventing Supplemental Health Benefits: How Group Captive Insurance Creates Transparency and Returns Value to Employees. On this episode host Shahid Shah is joined by Lamont Thurston, founder and CEO of BENERē, a company that is changing the way people think about supplemental coverage, one claim at a time. Lamont shares insights on how group captive insurance models are reshaping supplemental health benefits. From tackling runaway commissions to returning unused premiums as ERISA plan assets, BENERē is disrupting a $12B industry built on inefficiencies. Thurston explains why employers must act as fiduciaries, how transparency drives employee trust, and why the future of voluntary benefits may depend on scalable, low-risk captive models. A must-listen for HR leaders, CFOs, and benefits professionals navigating today's high-deductible healthcare landscape. To stream our Station live 24/7 visit www.HealthcareNOWRadio.com or ask your Smart Device to “….Play Healthcare NOW Radio”. Find all of our network podcasts on your favorite podcast platforms and be sure to subscribe and like us. Learn more at www.healthcarenowradio.com/listen

In this episode of Friday Fiduciary Five, Eric Dyson talks about the differences between ERISA bonds and fiduciary liability insurance. ERISA bonds protect against fraud and theft, while fiduciary liability insurance covers fiduciary breaches. Eric emphasizes the importance of having both types of insurance, noting that ERISA bonds are required by the Department of Labor, while fiduciary liability insurance is not required, but is highly recommended. He advises that committees should ensure their policies cover past, present, and future committee members and highlights the need for clear communication between risk management and the 401(k) plan committee to determine adequate coverage.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.

If you take health insurance as payment, payers are a big part of your practice. What happens when they mess up? How do you hold them accountable? Can you hold them accountable? My guest today says the answer is “yes”. He runs a business that spends a lot of time holding payers accountable for their clients, and he'll help us break this down.David Zetter is the founder and President of Zetter HealthCare, LLC in Mechanicsburg, PA and has over 24 years of operational and healthcare experience. David is nationally recognized for his speaking, presentations and healthcare business expertise. He is well versed in regulatory requirements, revenue cycle management, credentialing and contracting, compliance, coding and documentation. He is considered an expert on Medicare, not only by his clients, but also through consultant colleagues and healthcare attorneys across the country. David is an expert on ERISA regulations, which protect over 80% of the claims in the US, and he knows how to stop payor recoupments dead in their tracks and what is legal and illegal in many payor contracts. David's firm works with healthcare professional clients and facilities coast to coast, in all areas of practice and facility management.In this episode Carl White and David Zetter discuss:In what areas are you able to hold payors accountable?Are there laws, guidance or regulations that support you in holding payors accountable?How does it work or can you tell me how ZHC holds payors accountable and how can practices and providers do so?Want to be a guest on PracticeCare®?Have an experience with a business issue you think others will benefit from? Come on PracticeCare® and tell the world! Here's the link where you can get the process started.Connect with David Zetterhttps://zetter.com/https://www.linkedin.com/company/zetter-healthcare/https://www.facebook.com/zetterhchttps://www.instagram.com/zetterhealthcare/Connect with Carl WhiteWebsite: http://www.marketvisorygroup.comEmail:  whitec@marketvisorygroup.comFacebook:  https://www.facebook.com/marketvisorygroupYouTube: https://www.youtube.com/channel/UCD9BLCu_i2ezBj1ktUHVmigLinkedIn: http://www.linkedin.com/in/healthcaremktg

If you've seen the 401k headlines recently, you know that the 401k industry is noisy right now. It feels like new legislation comes out daily, along with a million new tools and options that 401k plan sponsors have to choose from. Plan sponsors are overwhelmed with all of the "information." They don't know what they need to be addressing or when they need to be addressing. They also don't know who should be walking them through these scenarios to help them make informed decisions for their plan and their participants. In this episode of the 401k playbook, I talk about the state of the industry (hint: noisy) as well as how we handle this type of environment for our clients.  Whether you are an advisor in the 401k space or a 401k plan sponsor, I hope the information is helpful.  If you have any questions or simply want to connect, the easiest place to find me is on LinkedIn.

Ellen Alphonso, CPA, is a Senior Manager at Boyum Barenscheer PLLP and a recognized expert in employee benefit plan audits, with extensive experience guiding plan sponsors through the complexities of employee benefit plan compliance. Licensed as a Certified Public Accountant in Minnesota, Ellen has led audits for retirement plans ranging from under $500,000 to over $5 billion in assets, offering a rare depth of insight across a wide spectrum of plan sizes and structures.Known for her collaborative approach and clear communication style, Ellen excels at translating technical audit findings into actionable strategies for fiduciaries and plan management. Her work emphasizes not only regulatory compliance but also the importance of accountability, transparency, and a participant-first mindset.Ellen leads Boyum Barenscheer's training initiatives for employee benefit plan audits, a vital component of the firm's ongoing compliance with its EBPAQC (Employee Benefit Plan Audit Quality Center) credentials. She also contributes her expertise as a member of the Minnesota Society of CPAs' Audits of Employee Benefit Plans Conference Task Force, helping shape educational programming for practitioners across the state. Beyond her professional work, Ellen serves as the board treasurer for In the Heart of the Beast Puppet and Mask Theater, supporting the organization's mission to foster creativity and community through the arts.In this episode, Eric and Ellen Alphonso discuss:Prioritizing specialized expertiseStrengthening audit scope and practicesAddressing common pitfallsLeveraging auditors as partnersKey Takeaways:Auditors with deep experience in employee benefit plan audits reduce errors and ensure compliance. Choosing specialists, especially for first-time audits, safeguards accuracy.Effective audits go beyond financials to include compliance checks, reconciliations, and verification of new employee contributions, building stronger systems.Errors often stem from overextended HR/payroll departments, manual processes, or system changes. Proactive integration and training minimize risks.Strong audit firms provide more than compliance—they communicate with service providers, share best practices, assist with onboarding, and support fraud prevention through security measures.“Absolute best practice I see in my superstar clients is they do reconciliations regularly and on an annual basis.” - Ellen AlphonsoConnect with Ellen Alphonso:Website: https://myboyum.com/leadership/ellen-alphonso/ Connect with Eric Dyson: Website: https://90northllc.com/Phone: 940-248-4800Email: contact@90northllc.com LinkedIn: https://www.linkedin.com/in/401kguy/ Important clarification from the podcast show dialogue: "If an ERISA plan exceeds 100 participants with an account balance but remains under 120 in perpetuity, then the plan would not require an audit for each subsequent year that it remains under 120 participants with a balance. Please verify current rules and check with your plan record-keeper, advisor, or CPA to ensure compliance with this requirement." 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.

On this Ropes & Gray podcast, ERISA and benefits partner Sharon Remmer is joined by litigation & enforcement partners, Amy Roy and Dan Ward, to discuss President Trump's recent Executive Order that directs the U.S. Department of Labor and other federal agencies to expand access to alternative assets for 401(k) investors and what the potential ramifications could be for retirement plan sponsors and asset managers from a litigation risk perspective. We have been closely monitoring the significant increase in lawsuits targeting 401(k) and 403(b) retirement plans over the last several years, where plaintiffs have alleged fiduciary defects in the prudence of investment menu design as well as with respect to the monitoring of plan service providers and fees. Using this as a backdrop, our team examines the evolving landscape and how recent case law clarifies key points for plan sponsors to consider should they decide to offer private equity and other alternative assets in their menus. Our speakers discuss practical steps for mitigating risk when offering alternative investments, such as conducting thorough due diligence, providing clear participant disclosures, and maintaining robust documentation of investment decisions.

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 30 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Getting Long-Term Disability Benefits for Stevens-Johnson Syndrome."Most people expect Long-Term Disability insurance to step in when illness or injury prevents them from working. But for those living with the aftermath of Stevens-Johnson Syndrome (SJS), the reality is often far more difficult. Triggered by common medications, SJS is a devastating condition that can cause blistering rashes, organ damage, and lasting complications like vision loss, chronic pain, and breathing problems. Recovery may take months, but the effects can last a lifetime, making work not just difficult, but impossible. That's when disability benefits should help. Instead, insurers often downplay the severity of SJS, deny claims by insisting patients have “recovered,” or ignore complications that make steady employment unsafe. In this episode of Winning Isn't Easy, disability law expert Nancy L. Cavey explains what it takes to file - and win - a Long-Term Disability claim with SJS. You'll learn what evidence matters most, how to document your limitations, which complications are commonly overlooked, and when to bring in legal help. If you or someone you love is battling the effects of SJS and struggling with a disability claim, this episode will give you the tools and strategies to fight back. Winning isn't easy, but with the right approach, it's possible.In this episode, we'll cover the following topics:One - Understanding Stevens-Johnson Syndrome (SJS) and Its ImpactTwo - How Disability Carriers View SJS ClaimsThree - Appealing Denials and Maximizing Your 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 talks about the McDonald v LabCorp lawsuit, focusing on part three and float compensation. He recaps previous episodes on record-keeping fees and investment share classes. The court found the plan's fee monitoring process sufficient. Float income, earned on stale checks, is a plan asset under ERISA, and fiduciaries must ensure it's managed in participants' best interests. Eric advises plan fiduciaries to inquire about float income from record keepers and to review old service agreements. In the LabCorp case, the court concluded that float income was disclosed and monitored appropriately. Eric emphasizes regular benchmarks and RFPs for 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 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's specific circumstances.

Rancho Mesa's Alyssa Burley and Vice President of the Human Services Group Sam Brown talk about mitigating risk for ERISA retirement plans, which Rancho Mesa offers to clients to attract and retain talented employees, reduce turnover, and build employee trust.Show Notes: ⁠⁠⁠⁠⁠Subscribe to Rancho Mesa's Newsletter⁠⁠⁠⁠⁠Director/Host: ⁠⁠⁠⁠⁠Alyssa Burley⁠⁠⁠⁠⁠Guest: ⁠⁠⁠⁠⁠Sam Brown⁠⁠⁠⁠⁠Producer/Editor: Megan LockhartMusic: "Home" by JHS Pedals, “Breaking News Intro” by nem0production© Copyright 2025. Rancho Mesa Insurance Services, Inc. All rights reserved.

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 29 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "When Your Disability Insurance Carrier Isn't a Disability Specialist - What You Need to Know."Most people buy disability insurance trusting the name on the policy. If a major insurer sells it, surely they know how to handle disability claims - right? Not always. For many big-name carriers, disability insurance is just a sideline to their main business of life, auto, property, or investment products. That lack of focus can cost you. Without specialized staff or resources, these companies often outsource reviews to third-party administrators or “independent” doctors who never meet you. The result? A system built to protect the insurer's bottom line, not your future. In this episode of Winning Isn't Easy, disability law expert Nancy L. Cavey exposes how three carriers - Ameritas, Chubb, and Voya - handle disability claims. You'll hear how their processes differ from disability-focused insurers, the games they play to delay or deny benefits, and what you can do to protect yourself. If you have a policy from one of these companies - or any insurer where disability isn't a priority - this episode will give you the tools to fight back. Winning isn't easy, but with the right strategy, it's possible.In this episode, we'll cover the following topics:One - Ameritas: Lack of Internal Resources and the Peer Review TrapTwo - Chubb: Big-Name Insurer, Small Disability FootprintThree - Voya, ReliaStar, and the DRMS / Fullscope RMS ProblemWhether 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 28 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Disability and Disputed Illnesses: Navigating Claims Without Full Medical Recognition."Some medical conditions cause symptoms so real and severe that they disrupt daily life, yet remain disputed or only partly recognized by mainstream medicine. For patients, it is not just a fight to be believed, it is also a fight to secure the disability benefits they need. With ERISA-governed Long-Term Disability insurance, the challenges are even greater. In this episode of Winning Isn't Easy, disability law expert Nancy L. Cavey examines one of the most difficult areas of disability claims: conditions the medical community has not fully accepted. From chronic Lyme disease, fibromyalgia, and chronic fatigue syndrome to mental health diagnoses such as dissociative identity disorder, adult ADHD, and PTSD outside of combat, Nancy explains why these claims are often denied and what you can do about it. You will learn how insurers view subjective symptoms like pain, fatigue, and cognitive fog, why strong documentation and physician support matter, and the strategies that can help prove the impact of these conditions on your ability to work. Nancy also shares a real case example that shows how persistence and preparation can turn the tide. If you are living with a condition the medical world questions but your symptoms are real, this episode will give you the tools to fight for the benefits you deserve. Winning is not easy, but with the right strategy, it is possible.In this episode, we'll cover the following topics:One - Disputed Physical ConditionsTwo - Disputed Mental ConditionsThree - Multiple Chemical Sensitivity (MCS)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. 

President Trump's new executive order could reshape retirement savings. For the first time, 401(k) plans may allow real estate investing, along with other alternative assets like private equity and crypto. In this episode of Real Estate News for Investors, Kathy Fettke breaks down what the rule change means for retirement savers, why real estate has been off-limits in 401(k)s until now, and what risks and opportunities could lie ahead. We'll also cover how ERISA rules, fiduciary responsibilities, and SEC guidance play into the decision, and what investors should watch for as retirement plans evolve. If you've ever wondered whether you can use a 401(k) to invest directly in real estate, this episode explains the potential changes—and why they matter for your financial future. LINKS: JOIN RealWealth® FOR FREE https://realwealth.com/join-step-1  FOLLOW OUR PODCASTS Real Wealth Show: Real Estate Investing Podcast https://link.chtbl.com/RWS SOURCE:  https://www.whitehouse.gov/fact-sheets/2025/08/fact-sheet-president-donald-j-trump-democratizes-access-to-alternative-assets-for-401k-investors/

Today I am speaking with Dave Chase from Health Rosetta, and I'm asking Dave Chase three inferno-level burning questions—questions that, across the country, many self-insured employers are trying to find the answers to. For a full transcript of this episode, click here. If you enjoy this podcast, be sure to subscribe to the free weekly newsletter to be a member of the Relentless Tribe. Now, an important underlying point that comes across loud and clear but remains unsaid, actually, in the conversation that follows is this: There are amazing brokers and EBCs (employee benefit consultants) and benefits advisors or TPAs (third-party administrators) who put their clients first and have the receipts (ie, they have data and they're willing to share it to prove this). And then there are those with the exact same titles, often enough, who are very much the opposite of this but super charming, I'm sure. I mean, it'd be a stretch to assume that the same roles don't apply to brokers or EBCs that apply for titles like hospital administrators where there's great ones and really not great ones; but everybody often gets lumped into the same category or even the term hospitals. Each of these terms is a broad stroke and contains multitudes. And do listen to the bonus clip from two weeks ago with Jonathan Baran for just more on this point. We dig into it for like 10 minutes or something. I also talk about this same concept in an upcoming episode with Mick Connors, MD. So, keep that underlying and unsaid theme in mind because a lot of these questions do boil down to, How do you figure out who's on the up-and-up and who's not? And if you need an example of the latter category, listen to the show with Ann Lewandowski (EP476) about the whistleblower lawsuit or the show with AJ Loiacono (EP379) about the myriad of brokers taking $7 or $14 per script written payable by the PBM (pharmacy benefit manager) and not reported on, as far as I know. This is very much still going on today, by the way, despite the CAA (Consolidated Appropriations Act) and the 5500 forms. Alright, so, first burning question, Question 1: After seeing J&J (Johnson & Johnson) and Wells Fargo sued for fiduciary breaches, what specific questions do I need to ask my benefits advisor to prove that my benefits advisor actually protects my interests? Okay, paraphrased, this question is employers trying to figure out what they can ask or how they can figure out if their benefits advisor or broker or employee benefit consultant is really as trustworthy as they'd like you to believe they are. There's been a whole bunch of shows that circle up on this. The thing is, though, the stakes are very, very high right now. So, yeah, I can see why this is turning into a burning question for anyone worried they might get sued personally unless they can figure out how to vet, for real in writing, who their broker, EBC, or advisor serves actually at the end of the day. Question 2 that I ask Dave Chase, and I'm not giving you the answers to these questions. You gotta listen to the show. But here's the second question I ask: How do I avoid personal liability when my TPA contract has hidden conflicts that could trigger an ERISA (Employee Retirement Income Security Act) lawsuit? Kind of a continuation of Question 1, but yeah, you can tell that self-insured employer teams are really digging in here and many, many are very aware of, first of all, the extent and depth of middle people doing things like, again, allegedly taking $20 million of employer clients' money and funding their executive bonus pool. So, yeah, definitely this is another doozy of a burning question. Also on these same topics, listen to the show with Justin Leader (EP433) and also the one with Cynthia Fisher (EP457) about spread pricing. Question 3 that I ask Dave Chase: My pharmacy costs keep climbing despite PBM guarantees. How do I tell if I am being systematically overcharged? Well, if your consultants are taking your rebates to fund their executive bonus pools, as I just mentioned there's a whole show about with Ann Lewandowski, or if they're taking $7 a script for every script that gets written for your members, which, yeah, that's afoot. I've seen the contracts and the cease and desists currently flying around our industry about that one. Or read that Osceola County lawsuit against their longtime brokers. Bottom line and end of this intro, informed employer teams are, for sure, wondering these questions. But even more than just wondering, what these questions signify to me, kind of at the macro level, they're realizing the danger of kind of sitting on that knowledge or just assuming that because everybody else is doing whatever, it's somehow safe—though status quo is getting kind of more and more dicey every single day. As some additional foreshadowing, this show finishes up with Dave Chase talking about the open-source resources that are available so that you too can create a high-performance health plan where members get higher-quality healthcare and, as Dave Chase says, the cost savings for free. There are links to many things that you can get from Health Rosetta and their sister company, Nautilus. Again, all the stuff is for free. Go to nautilushealth.org. That's their main Web site. Dave Chase, who has been on this podcast—I think this is his third time, although it has been a while—Dave Chase is co-founder and CEO of Health Rosetta. Also mentioned in this episode are Health Rosetta; Jonathan Baran; Mick Connors, MD; Ann Lewandowski; AJ Loiacono; Chris Deacon; VerSan Consulting; Justin Leader; Cynthia Fisher; Nautilus; Andreas Mang; Blackstone; Jon Camire; Claire Brockbank; Elizabeth Mitchell; Scott Haas; Paul Holmes; Chris Crawford; Luke Slindee, PharmD; Mark Cuban; Marilyn Bartlett, CPA, CGMA, CMA, CFM; Leah Binder; and Dawn Cornelis.   You can learn more at Health Rosetta and follow Dave on LinkedIn.   Dave Chase is on a mission to restore hope, health, and economic well-being to communities through healthcare transformation. As creator of the community-owned health plan (COHP) model, he is building a nationwide movement that turns health plans from drivers of wage stagnation into vessels for well-being and wealth creation. As founder of Health Rosetta, Dave has helped transform healthcare for thousands of employers covering more than five million Americans. What began with identifying just five successful health plans nationwide has grown into a movement with thousands of sustainable successes that deliver superior care at 20% to 50% lower costs. In 2024, his team launched Nautilus Health Institute, catalyzed with $4 million in Health Rosetta intellectual property and investment. Nautilus provides open-source standards, contracting templates, and technology infrastructure (including METL, an open-source healthcare data platform) that establish new market norms benefiting employers, clinicians, and communities. Dave's work in healthcare transformation has reached over 10 million people through best-selling books (The CEO's Guide to Restoring the American Dream, The Opioid Crisis Wake-up Call, Relocalizing Health), media, TED Talks, and TV/film appearances. He has received the World Health Care Congress's Lifetime Achievement Award for Health Benefits Innovation. Dave is dedicated to transforming healthcare through transparency, community ownership, and proven solutions that restore the American Dream.   06:36 What questions does a plan sponsor need to ask their consultant, EBC, or broker to ensure they are protecting the interest of the plan sponsor? 07:59 EP478 with Andreas Mang and Jon Camire. 08:49 EP453 with Claire Brockbank. 09:51 EP433 with Justin Leader. 09:53 EP436 with Elizabeth Mitchell. 11:03 How can plan sponsors avoid personal liability when their TPA has hidden conflicts of interest? 11:40 Tiara Yachts v. Blue Cross Blue Shield of Michigan lawsuit. 13:48 EP483 (Part 1) with Jonathan Baran. 14:18 EP457 with Cynthia Fisher. 16:18 The Marshall-Hickenlooper bill called the Price Tags Act. 16:50 Summer Short with Elizabeth Mitchell. 17:36 How do plan sponsors figure out if they are being overcharged for pharmacy benefits? 18:09 EP365 with Scott Haas. 20:18 EP397 with Paul Holmes. 20:22 EP465 with Chris Crawford. 20:37 EP429 with Luke Slindee, PharmD. 22:56 EP476 with Ann Lewandowski. 28:38 Where to find open-source resources to help guide plan sponsors with making better health plan decisions. 29:47 How the open-source trend is growing for health transparency. 30:48 What to look forward to at RosettaFest.   You can learn more at Health Rosetta and follow Dave on LinkedIn.   @chasedave discusses questions #plansponsors need to ask on our #healthcarepodcast. #healthcare #podcast #financialhealth #patientoutcomes #primarycare #digitalhealth #healthcareleadership #healthcaretransformation #healthcareinnovation   Recent past interviews: Click a guest's name for their latest RHV episode! Jonathan Baran (Part 2), Jonathan Baran (Part 1), Jonathan Baran (Bonus Episode), Dr Stan Schwartz (Summer Shorts), Preston Alexander, Dr Tom X Lee (Take Two: EP445), Dr Tom X Lee (Bonus Episode), Dr Benjamin Schwartz, Dr John Lee (Take Two: EP438), Kimberly Carleson, Ann Lewandowski (Summer Shorts), Andreas Mang and Jon Camire (EP479)

Earlier this month, a U.S. executive order was signed to broaden the availability of alternative asset investments for individuals with 401(k) plans. In this Sidecar episode of our Committed Capital podcast, Dechert partners Bill Bielefeld and Steve Rabitz dive into the challenges fiduciaries face under ERISA and the regulatory shifts poised to redefine retirement investment strategies moving forward. From liquidity concerns to fee structures and legal uncertainties, this comprehensive conversation sheds light on how plan sponsors and asset managers can navigate the evolving landscape of alternative asset inclusion in participant-directed retirement plans.Show Notes:New Order ‘Targets' 401(k) Plan ‘Alternatives': President Takes Aim at Legal Barriers and Litigation Risks, Dechert OnPoint (August 11, 2025)

Jenny Kiesewetter has more than 24 years of experience advising businesses in ERISA, employee benefits, compensation, fiduciary responsibility, and compliance matters.As a member of the firm's Employee Benefits and Tax Practice in Nashville, she advises clients on all aspects of employee benefits and executive compensation, including qualified and nonqualified retirement plans, health and welfare benefit plans, cafeteria plans, severance plans, and equity-based compensation plans.Jenny has also worked with businesses and investors during mergers and acquisitions, focusing on due diligence and compliance related to employee benefit plans, including retirement, health and welfare, and executive compensation plans. Additionally, she has worked on many post-acquisition employee benefit matters, specifically related to plan compliance and correction.Jenny earned her law degree from the University of Tennessee College of Law, Knoxville, as well as a master's in communications. She earned her undergraduate degree from the University of Florida. She has been consistently recognized by U.S. News - Best Lawyers for ERISA Litigation and Employee Benefits (ERISA) Law.Jenny is a frequent speaker and author on topics including ERISA, employee benefits, retirement plans, health plans, and statutory and regulatory compliance. To subscribe to her LinkedIn newsletter “ERISA Explained,” please visit - https://www.linkedin.com/newsletters/erisa-explained-7083416224222601216/ In this episode, Eric and Jenny Kiesewetter discuss:Fiduciary responsibility in ERISA health plan oversightConducting proper due diligence for health plan service providersSecuring and ensuring access to health plan dataReviewing provider fee disclosuresKey Takeaways:Selecting and monitoring health plan providers is an ongoing fiduciary function. Sponsors must document their decision-making and maintain oversight even after hiring a provider.When choosing a broker or advisor, conduct thorough due diligence. Interview multiple candidates, review their experience, services, and fees, and ensure they fit your organization's needs.Plan sponsors should secure access to all necessary health plan data. Owning and understanding this data is critical for informed fiduciary decisions and compliance with federal laws.Review 408(b)(2) fee disclosures from health plan service providers. Missing or incomplete disclosures can create compliance risks and may be seen as an unreasonable relationship by the Department of Labor.“You can't make fiduciary decisions if you don't know what the data says. That's my opinion. You have to understand what the data says to be able to make the right fiduciary decisions.” - Jenny KiesewetterConnect with Jenny Kiesewetter:LinkedIn: https://www.linkedin.com/in/jennykiesewetter/ 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 changeIt 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 27 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "Vascular Malformations of the Brain."Vascular malformations of the brain may be rare - but when they strike, the effects can be devastating. These defects in the brain's blood vessels can trigger seizures, strokes, cognitive decline, and even life-threatening hemorrhages. For patients, it's not just a medical battle - it's also a fight to protect their livelihood. And with ERISA-governed disability insurance, the odds often feel stacked against you. In this episode of Winning Isn't Easy, disability law expert Nancy L. Cavey unpacks one of the toughest areas of neurological disability claims: vascular malformations and Long-Term Disability benefits. You'll learn what these conditions are, how their unpredictable symptoms make steady employment difficult, and the common tactics insurers use to deny claims. Nancy shares proven strategies to strengthen your case - like building a detailed medical record, documenting symptom fluctuations, and avoiding traps such as “subjective condition” or mental health limitations. Whether you're newly diagnosed, appealing a denial, or just trying to understand your coverage, this episode will give you the tools to protect your rights and fight for the benefits you deserve. Because when your brain - and your future - are at stake, winning isn't easy, but it is possible with the right strategy.In this episode, we'll cover the following topics:One - What Are Vascular Malformations of the Brain?Two - Navigating ERISA Disability Claims for Vascular MalformationsThree - Strategies to Build a Strong Claim and Avoid DenialWhether 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 August 7, President Trump issued a much-anticipatedexecutive order, directing the Labor Department to (re)consider barriers to defined contribution plans accessing alternative investments.  Nevin & Fred check it out – and theimplications.More specifically, an executive order directed the Secretary of Labor to, among other things, “reexamine the Department of Labor's guidance on a fiduciary's duties regardingalternative asset investments in ERISA-governed 401(k) and other defined-contribution plans” – a stance widely seen as encouraging the consideration of alternative assets in defined contribution plans, including 401(k)s and 403(b)s.The EO states as “the policy of the United States that everyAmerican preparing for retirement should have access to funds that include investments in alternative assets…”That policy is, however, conditioned to situations “when therelevant plan fiduciary determines that such access provides an appropriate opportunity for plan participants and beneficiaries to enhance the net risk-adjusted returns on their retirement assets.” While the Executive Order doesn't immediately changeanything, it sets in motion the possibility of a less restrictive regulatory view on so-called, “alternative” assets, including private markets, real estate, digital assets, and lifetime income.The Executive Order calls out “burdensome lawsuits that seek to challenge reasonable decisions by loyal, regulated fiduciaries,” as well as “stifling Department of Labor guidance” that is says has “denied millions of Americans opportunities to benefit from investment in alternative assets.”Episode ResourcesBreakingNews: Trump Signs EO to Advance Private Market Investments in 401(k)sLifetimeIncome Also Cited in Private Markets Executive OrderTalkingPoints: Pandora's BoxThingsI Worry About (12): Private Funds and 401(k) Plans - Fred ReishDOLPulls Guidance Cautioning Fiduciaries About Private Equity in 401(k)s

In this episode, Suzanne Spradley and Carol Wood discuss the role of pharmacy benefit managers (PBMs) and the recent proliferation of state laws that regulate PBMs. Next, Suzanne explains how these state PBM laws interact with federal laws, which are supreme. Suzanne reviews ERISA preemption and the U.S. Supreme Court Rutledge case, and how state lawmakers continue to test the boundaries of their authority with PBM legislation. The conversation then turns to a controversial Arkansas PBM law and the related litigation that has gained national attention. Suzanne and Carol end by providing employer takeaways and explaining why it's important for employers to continue to monitor developments in this complex benefits area.

Now “retired” (whatever that means), Nevin is the former Chief Content Officer and Head of Retirement Research for the American Retirement Association. One of the retirement industry's most prolific writers, these days he's “retired”, which means he writes less, but continues to keep his eye on developments in, and threats to, the nation's private retirement system. He's the Chief Advisor Strategist at Endeavor Retirement, and he's also the “Nevin” in the Nevin & Fred podcast (along with renowned ERISA attorney Fred Reish), offering irreverent, but relevant perspectives on the critical issues confronting plan sponsors, advisors, and retirement industry professionals. Prior to his time at the ARA, he was the Employee Benefits Research Institute's Director of Education and External Relations, Co-Director of EBRI's Center for Research on Retirement Income, and Director of the American Savings Education Council, and prior to that, spent a dozen years as Global Editor-in-Chief of PLANSPONSOR magazine and PLANSPONSOR.com, as well as PLANADVISER and PLANSPONSOR Europe magazines. He was the originator, creator, writer, and publisher of PLANSPONSOR.com's NewsDash. He began his retirement services career at Northern Trust in Chicago, where he later served in a variety of management roles, culminating in the development of a proprietary recordkeeping platform, and at Wachovia Bank, leading their defined contribution/recordkeeping businesses.In this episode, Eric and Nevin Adams discuss:Retirement income requires tailored solutions.Fiduciary roles shift after adoption.Default options remain a challenge.Adoption will be gradual and cautious.Key Takeaways:There's a wide range of income options beyond annuities, but each plan should carefully assess its participants' needs before implementing anything.Choosing to offer a retirement income option begins as a settlor decision, but once implemented, it becomes a fiduciary duty to select the specific solution, to monitor, and manage.Auto-enrolling participants into lifetime income products is complex—many don't fully grasp the trade-offs, and surveys show mixed interest.Due to regulatory uncertainty and logistical hurdles, most plan sponsors are expected to move conservatively, guided by education and expert consultation.“How are we making default lifetime income assumptions about people on a generic basis without some of that nuance? Aren't you, almost by definition, creating a product that's not really going to fit people anyway?” - Nevin AdamsConnect with Nevin Adams:Website: https://nevinandfred.com/ LinkedIn: https://www.linkedin.com/in/nevinadams/ 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 changeIt 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.