© 2014 by Michael A. McKuin

Attorney at Law

Post Office Box 10577

Palm Desert, CA 92255

(California State Bar No. 103328)


The information provided at this website is intended for educational and promotional purposes only. It is strictly general in nature and under no circumstance should it be considered legal advice.  Every case is unique and a competent, qualified lawyer must be consulted for legal advice regarding any specific case. 

ERISA-Related Articles by Michael A. McKuin


 A general introduction to the subject.

 ERISA-governed long term disability claims.

 If you have one, expect the fight of your life.

 This can make ERISA your worst nightmare.

How trust law and contract law mix like oil and water.

When the exception becomes the rule and the rule becomes the exception, what good is the rule?

Increasing insurance company profits, while denying necessary treatment to patients.

How ERISA can further compromise the rule of law as we know it.

This is the vehicle used to carry the "managed care" fraud into effect.

For psychiatric problems, eating disorders or substance abuse problems.

Managed care and claims personnel often refuse to understand the difference. 

How to side-step fiduciary responsibilities imposed by Federal law.

How insurance companies combine biased medical exams with bogus, self-generated vocational reports to deny legitimate disability claims.

The legacy of the METs of the 1970s and 1980s.

 The "non-sliding", sliding scale for reviewing decisions of conflicted ERISA fiduciaries.

Although the law has now changed, its footprint still tells a story.

The illusory nature of ERISA-governed benefits.

Insurance industry tricks of the trade.

Why they're important and what to expect.

The war is on but it could be heartbreak.

What you see ain't what you get.

Under ERISA insurance companies can get away with failing to deliver on their promises.

ERISA has redefined the basic concept of insurance.

How insurance companies use common everyday activities to undermine disability claims.

If you don't know the process, you'll forfeit valuable rights.

How insurance companies take multiple bites of the proverbial apple in deciding disability claims.

Perhaps it depends on which federal judge you ask. 

SSDI claims may be more relevant than you think. 

Links to Other Interesting Sites

How to File a Claim for Your Benefits Under an ERISA Plan U.S. Department of Labor

Suggestions for Filing LTD Claims by Annie Bloom  From the Fall 1996 issue of the CFIDS Chronicle, The CFIDS Association of America, Inc.

"With Friends Like These"    Outstanding article by Reporter Karen Brandel of
the Tucson Weekly (and not just because I'm quoted in it).
Speech before Congress by Rep. Greg Ganske on Managed Care Reform (from 5/18/99 Congressional Record).  A stinging indictment of HMOs, Managed
Care & ERISA, delivered on the floor of the U.S. House of Representatives by an
Iowa Republican, coupled with a reasonable proposal to end the ERISA -
Managed Care insanity.

Letter from Rep. Greg Ganske to Members of Congress
How subjective determinations of "Medical Necessity" can have tragic

HARP Home Page
The Health Administration Responsibility Project. Excellent source of information
& links relating to HMOs, Managed Care & ERISA.
Probably the most comprehensive source of information about employee
benefits on the Web.
Managed Care Magazine
Monthly magazine published for physicians & health plan executives.
 Patient Advocate Foundation   These folks do really - really good work.
JustHealth   (Formerly: California Consumer Health Care Council).
Bazelon Center for Mental Health Law
Fighting Managed Care, a psychiatrist speaks out against managed care
Back and Neck Injury - Home Page


ERISA With Professor Baron Access to lots of very interesting articles on ERISA.




ERISA Disability Lawyer