200 W. Madison St. | Suite 2670 | Chicago, IL 60606 | Directions
DeBofsky Sherman Casciari Reynolds P.C.
Call Now 312-702-1842
800-237-5182 Toll Free
We Return Calls The Same Day.

Posts tagged "disability"

"Any" or "All"

If an insured is making a claim under a disability insurance policy that he or she is unable to perform the duties of their occupation, does the policy require a showing that the claimant is unable to perform all of the job duties or is a showing of an inability to perform any material job duty sufficient.  That was the question presented in Chaudhry v. Provident Life and Acc.Ins.Co., 2014 WL 3511529 (N.D.Ill. July 16, 2014), which involved a claim submitted by a psychiatrist who sought total disability benefits when a vision impairment significantly limited him from practicing in his field.  There were a number of complicating issues, including the doctor's guilty plea to one count of Medicare fraud, which caused the insurer to question his claimed pre-disability income.  However, the major issue in the case turned on whether Dr. Chaudhry needed to show he could not perform any aspect of his prior practice.  Judge Amy St. Eve of the U.S. District Court for the Northern District of Illinois, analyzed the issue in the plaintiff's favor.

Discovery in ERISA Cases

A recent court ruling from Pennsylvania involving ERISA Discovery permitted depositions to be taken in an ERISA disability insurance case, but applied a rationale that raises concerns about a misuse of administrative law procedures that attorneys and disability insurance claimants should be aware of.

Evaluating Disability Insurance Claims - What is the Insured's Occupation?

In evaluating disability insurance claims, determining the insured's pre-disability occupation is often a complicated task. Many individuals derive their income from a variety of sources; and courts use two primary approaches in determining whether a person is disabled from performing their own occupation as the following discussion of a recent court ruling decided by a federal court in Michigan shows:

  • super Lawyers
  • AV - Lexis Nexis - Martindale Hubbell - Preeminent - For Ethical Standards and Legal Ability
  • AVVO - Have No Legal Fear
  • BBB | A+ Rating
  • American Academy Of Trail Attorneys | Premier 100 | 2015 | AATA

Tell Us About Your Issue Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For a Response

Office Location:

DeBofsky Sherman Casciari Reynolds P.C.
150 N. Wacker Dr.
Suite 1925
Chicago, IL 60606

Toll Free: 800-237-5182
Phone: 312-702-1842
Fax: 312-929-0309
Chicago Law Office Map

Office Location