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Severance Pact Forecloses Right To Pursue Disability Claim Later

Lawyers who represent employees in severance negotiations should be aware and take heed of the recent New York federal court ruling in Schuyler v. Sun Life Assurance Co., 2023 WL 2388757 (S.D. N.Y., March 7, 2023). That case illustrated a dangerous pitfall that may unwittingly result in unintended unfortunate consequences based on the court’s finding that an employee’s release of her employer also waived the employee’s right to sue her disability insurer. […]

The Important Role Of Contra Proferentem In ERISA Cases

The outcome of Employee Retirement Income Security Act cases often turns on how courts interpret the meaning of specific benefit plan terms. The recently decided case of Stein v. Paul Revere Life Insurance Company, issued by the U.S. District Court for the Eastern District of Pennsylvania on March 16, illustrates what happens when plan terms are unclear and can have different meanings. […]

A Comprehensive Guide to Understanding Arthritis and Joint Disease Disability Insurance Claims

According to the Centers of Disease Control and Prevention (CDC), the leading cause of disability in the U.S. is arthritis. Arthritis is a name given to multiple conditions that result in joint swelling, inflammation, and stiffness, resulting in pain and dysfunction such as an ability to walk or perform job duties requiring hand use. […]

How Long Does it Take to Appeal a Disability Insurance Benefits Denial?

Disability insurance benefits can protect you and your family from financial hardship by insuring a portion of your income for so long as you remain out of work due to an injury or illness. The disability benefits process can be complicated, particularly if your claim is denied or your benefits are prematurely terminated, so it is essential that you understand your rights and obligations in order to maintain the viability of your claim. […]

Can I Apply for Long-Term Disability Benefits If Short-Term Disability Benefits Are Denied?

A common misconception among disability claimants is that you must apply for and receive short-term disability benefits to be eligible for long-term disability benefits. That seems logical but rarely is it true in practice. Most short-term and long-term disability plans are administered according to separate plan documents, and those plan […]

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