The contingency fee is often described as the “poor man’s key to the courthouse door” and the availability of representation on a contingency fee basis is “rooted in our commitment to equal justice for both those of moderate means and the wealthy.” Leonard C. Arnold Ltd. v. Northern Trust Co., 116 Ill.2d 157, 164 (1987).
In many Employee Retirement Income and Security Act (ERISA) cases, the standard of review applied by a court is often the key factor in determining the outcome of a dispute over disability cases. Such cases often involve conflicting medical opinions and, where the insurer has properly reserved discretionary authority, it almost always wins the battle […]
Calculating disability benefits for owners of businesses can be very complicated, especially in situations where the insured continues working and receives both a salary as well as a share of the profits from the business. How is the insurer to know whether the insured is manipulating business earnings and under-reporting W-2 earnings from the business? […]
A fascinating new ruling from the 7th U.S. Circuit Court of Appeals on the issue of Social Security disability points out many of the difficulties inherent in assessing disability. In Martinez v. Astrue, 2011 U.S.App.LEXIS 960 (7th Cir. 2011), the court issued an opinion incorporating its ruling on three cases all argued on the same […]
Can a disability insurer force its insured to undergo surgery? That was the issue raised in the recent ruling in Paul Revere Life Ins.Co. v. DiBari, 2010 U.S.Dist.LEXIS 122906 (D.Conn. Nov. 19, 2010); and while the answer to the question is no, the court ruled in DiBari that the insurance company did have the right […]
One of the key requirements under ERISA is that litigation of denied benefit claims is generally deemed premature unless the claimant has exhausted pre-suit appeal rights and been given a “full and fair review.” The basis of that requirement is found in 29 U.S.C. § 1133, which mandates that denied claims receive a full and […]