Beware of ERISA

SITUATION

You are self-employed, meaning that you work 6 or 7 days a week for minimal rewards and fewer benefits. However, you are your own person, and do not have to face a Dilbert-like corporate mentality.

Your spouse has a thicker skin, and works for a major corporation. She has good pay and benefits, including salary continuance, life insurance, and health insurance, under which you are also covered.

Your spouse is suddenly diagnosed with terminal and inoperable cancer. She has a year, at most, to live.

QUESTION
Which of the following persons do you contact first?

  • A clergyman
  • A funeral director
  • An ERISA lawyer
  • A Dana-Farber Cancer Institute oncologist

ANSWER
It would surprise most people to be told that the correct answer is C, an ERISA lawyer.

It would surprise many people to know that there is such a thing as an ERISA lawyer. It would even surprise a few lawyers to know that there is an ERISA problem.

The correct answer cannot be (A) or (B). There is no emergency in calling a clergyman or a funeral director, when death may be a year off. And even if it happened right away, these folks are trained to respond quickly; there is no urgency.

As to (D), if the cancer is indeed terminal and inoperable, but nevertheless you want to waste your time; well, that is your privilege.

But why (C)? What is the problem? And how could it impact you?

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