When Matt Maloney tells the story of the woman who lost complete use of her arm, his voice still carries the same disbelief he felt nearly a decade ago as a young law clerk. The insurer’s response to her disability claim was as cold as it was absurd: she could still work. Just use her other arm. […]
Long COVID is not going away, and for more than a million Americans who still cannot work because of it, neither is the struggle to get the disability benefits they are owed. These are people with real symptoms, real limitations, and very real financial pressure, yet insurers continue to deny claims, pointing to a so-called […]
Disability insurers often deny claims as “insufficient,” especially when it comes to claims based on pain, fatigue, cognitive impairment, or mental health conditions. […]
If your disability insurance claim has been denied, additional reports from your treating doctor may not be enough to overturn the denial, and you may need to retain the services of one or more outside experts. The nature and quality of expert input may determine whether you win or lose your claim. Understanding how to strategically use expert evidence is crucial for building a persuasive record that stands up in court. […]
A term that became popular several years ago among sponsors of ERISA [1] -governed defined benefit plans is “de-risking,” although the issue is now more commonly described as pension risk transference (PRT). […]
If you have had a disability or life insurance claim denied, you likely heard some version of this: “We have reviewed the file, and we have determined you are not entitled to benefits.” No matter how many medical records you have submitted or how legitimate your condition is, the denial can feel like a dead […]
As a professional, executive, or business owner, you have likely invested years and tremendous effort in building your career. Yet when a serious illness or injury forces you to stop working and you need to file a claim for disability benefits, you may discover that your insurer is far less cooperative than you anticipated. Whether […]
If your disability insurer has denied your appeal of their termination of benefits and you have exhausted your appeals under your disability policy, then you are entitled to file suit in federal court pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”). [..]
If you suffer from a medical condition that results in physical restrictions and limitations, a functional capacity evaluation () can measure your physical functional ability concerning your specific job duties and essential work functions. The evaluation should demonstrate the combined effect of all your symptoms […]
A major current focus of litigation brought under the Employee Retirement Income Security Act of 1974 (ERISA) has to do with excessive fees charged to participants in their employers’ 401(k) and 403(b) defined contribution plans. […]
If you have an employment-related benefit claim, ERISA likely applies to your claim. ERISA claims involve complex rules and strict deadlines that can be challenging and challenging to navigate. […]
A beloved member of your immediate family recently died suddenly in what you believe was an accident. You submitted an insurance claim to recover accidental death insurance and received a surprising denial letter citing one or more policy exclusions. […]