Silver Melvyn Atty

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Today: 9:00 am - 5:00 pm

Tomorrow: 9:00 am - 4:30 pm

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Regular Hours

Mon - Thu:	9:00 am - 5:00 pm
Fri:	9:00 am - 4:30 pm

Workers Compensation
Many employees assume that making a Workers Compensation claim with the employer serves as a claim for LTD benefits since employer is on notice of the disability. However, this assumption is not correct. The employee must make a separate claim for LTD benefits typically by completing a claim form provided through the employer or by the insurer. Additionally, many employees do not know whether or not the employer offers LTD benefits. ERISA regulations require that the employer must distribute a Summary Plan Description (SPD) to all employees describing benefits. 29 C.F.R. 2520.104b-2. This document is a summary of all the benefits that the employer provides. Many employees do not read the Summary Plan Description, but it is important to read this document. Specifically inquire of the Human Resources Department as to the existence of an LTD plan or other disability benefits besides workers compensation benefits. Where the terms of the Summary Plan description conflict with the plan document itself, a participant or beneficiary may be able to enforce the terms of the SPD. Atwood v. Newmont Gold Co., Inc., 45 F.3d 1317, 1321 (9

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Neighborhoods: Panama Park, Ortega
AKA: Melvyn Silver Attorney
Categories: Attorneys, Employee Benefits & Worker Compensation Attorneys, Employment Discrimination Attorneys, Labor & Employment Law Attorneys, Social Security & Disability Law Attorneys, Workers Compensation Assistance

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Phone: (408) 737-2313

Address: 1339 Pauline Dr, Sunnyvale, CA 94087