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- Is a court remand sufficient for a fee award?
- Wrongly used standard can deny worthy benefits
- Is taking prophylactic measures a pre-existing condition?
- Courts seek clarity on subjective diseases
- It’s Time to End Mental Illness Bias in Disability Insurance
- How Ambiguity Can Expand Employee Insurance Coverage
- Working while disabled
- Examining the nature of illness and injury
- “Any” or “All”
- Credibility should have been the issue in review
- Can I Qualify for Disability Benefits Due to COVID-19?
- Is a death due to a pulmonary embolism suffered on account of airplane travel “accidental”?
- Benefit plan took the necessary steps
- Federal judge challenges ERISA litigation procedures
- Ruling underscores value of treating doctor’s opinion
- DeBofsky, Sherman & Casciari wins attorney fee award
- Scope of review: Buzzanga v. Life Ins. Co. of N. Amer.
- How Soon Can You Go to Court After Long Term Disability Benefits Are Denied?
- Discovery in ERISA cases
- Bankruptcy omission led to estoppel
- Top Ten Things to Look for in a Disability Benefit/ERISA Lawyer
- DeBofsky, Sherman & Casciari partners with United policyholders on amicus brief in Rochow v. LINA
- Ruling means end for lenient regime of reviews
- Evaluating disability insurance claims – What is the insured’s occupation?
- Ruling shows problems with review system
- Can a law banning discretionary clauses apply to an event occurring prior to the legislative enactment?
- Offset ruling beneficial to claimants
- DeBofsky, Sherman & Casciari wins disability benefits for law firm partner
- Court prevents review of doctor’s report
- Meguerditchian v. Aetna Life Ins.Co., 2014 U.S.Dist.LEXIS 23910 (C.D.Cal. February 21, 2014)
- Choice of review standard often dictates outcome
- Melech v. Life Ins.Co. of North America, 739 F.3d 663 (11th Cir. January 6, 2014)
- The year in employee benefits
- When to Hire a Health Insurance Claim Denial Lawyer
- Collins v. Liberty Life Assur.Co. of Boston, 2013 U.S.Dist.LEXIS 174237 (C.D.Cal. December 11, 2013)
- Court finds conflict in insurer, reviewer relationship
- How courts interpret the meaning of ‘civil action’
- How the courts address ‘legal’ disabilities
- Disability Benefits Are Difficult to Navigate for Someone with SD, but not Impossible
- Long-term care insurance denial leads to lawsuit
- Struggle over ‘mental illness’ exclusions
- Medical Necessity Letters to Counter Denial of Mental Health Treatment Claims
- Valuable lessons in disability benefits adjudications
- Federal court views risk of relapse upon return to work as a disability
- How lenient is the ERISA arbitrary and capricious standard of review in disability insurance cases?
- Court nixes insurer offset for dependent SSA benefits
- Can an employee’s obligation to provide evidence of insurability to secure life insurance be excused by the doctrine of incontestability or by an ERISA claim for breach of fiduciary duty?
- Courts face challenges with ERISA, limitations period
- Disability Claim Ruling Correctly Discredits ERISA Remand
- How Are Disability Benefits Taxed?
- Does ERISA allow depositions of claim adjusters in disability insurance claims?
- Rulings uphold state power over review clauses
- Good intentions lead to less than positive outcome for plaintiff
- Court recognizes fiduciary breach claim when health insurer gives erroneous information
- A painful burden for disability claimants
- If Doubts Arise, In-Person Exam Needed
- Accidental death benefits to survivors of drunken drivers
- Federal Judge Found Insurance Giant Breached Its ERISA Fiduciary Duties and Violated Illinois Law
- Ex-NFL Players’ Disability Case Remanded Yet Again
- A federal judge in Alabama
- A split in the circuits exists for ERISA benefit disputes
- Federal Court Finds ERISA Does Not Preempt State Auto-Enrollment Individual Retirement Program
- Papotto v. Hartford Life & Acc.Ins.Co., 2013 U.S.App.LEXIS 19660
- Court looks at deficiencies in determining disability
- More on Freeland v. Unum, a case litigated by DeBofsky, Sherman & Casciari
- Enforceability of forum selection clause reviewed
- Judge Casts Doubt Over Administrative Exhaustion Doctrine for ERISA Claims
- More on the CIGNA Regulatory Settlement Agreement
- Courts deal with issue of ERISA attorney fees
- Federal appellate court reinstates claim in ERISA dispute
- Warner v. Unum Life Ins.Co. of America, 2013 U.S.Dist.LEXIS 105067 (N.D.Ill. July 26, 2013)(Issue: Discovery)
- Claim decisions must be reasonable and accurate
- Wash. ERISA Ruling Paves Way for Access to Health Benefits
- What Is Accidental Death Insurance?
- How Your Social Media Feed Can Hurt Your Long-Term Disability Claim
- CIGNA enters into regulatory settlement agreement
- Considering a ‘prevailing party’ requirement
- Seventh Circuit permits ERISA suits to be brought against insurers
- 7th Circuit addresses lump-sum pension distribution question
- Court ruling expands scope of ERISA Discovery
- Who gets the last word in an ERISA claim appeal?
- 2012 ERISA Advisory Council hearing on managing disability risks in an environment of individual responsibility
- What Is an “Arbitrary and Capricious” Benefit Denial?
- DeBofsky, Sherman & Casciari wins ruling on fiduciary exception to attorney-client privilege
- Ruling affirms Glenn’s impact on standard of review
- Collecting Disability Benefits for Medication Side Effects
- DeBofsky, Sherman & Casciari obtains favorable court ruling on ERISA standard of review
- Disability pension blocked for working man
- Senate Oral Testimony
- DeBofsky, Sherman & Casciari wins court ruling on ERISA standard of review
- Settlement did not justify vacatur: U.S. court
- Federal court rules that showing up for work is a key to doing the job
- De novo review is not a rubber stamp
- Testimony on Disability Insurance Claims Handling Best Practices
- ERISA Claim Stays in State Court, Which Rules for Plaintiff
- High court looks at use of ‘common-fund doctrine’ for personal-injury settlements
- Testimony presented to the ERISA Advisory Council-Working Group on health and welfare benefit plans’ communications
- Florida case offers lesson on ERISA, good-faith duties and fair dealing
- Court rejects claim that vitamin supplements are a medical treatment
- Equity provides a way to right a wrong
- Why Discretionary Clauses Must Be Prohibited
- MetLife’s ‘cookie-cutter’ diagnosis slammed
- Can My Insurance Company Deny Coverage for Cancer Treatment?
- Benefits Ruling Raises Jury Trial Question For ERISA Cases
- Court gives insurer another bite at the apple
- Court refuses to rubber-stamp denial
- Line between a job and an occupation
- Court finds employee was totally disabled
- Documents ruling cuts access to courts
- How Long Does It Take to Get Approved for Long-Term Disability Benefits?
- Court judgment stays on the books
- Another court questions impartiality of doctor
- What Are the Reasons Why Life Insurance Payments Are Denied?
- ‘Crime’ Ruling in Car Death Highlights ERISA Review Standard
- Claimant denied fair chance to continue benefits
- Death apparently not enough to prove disability
- Judgment an incentive for careful claims review
- Law trying to get head around mental illness
- Court Questions Insurer Behavioral Health Treatment Guidelines
- Standard of review in ERISA cases too deferential
- How to Dispute an Insurance Claim Denial
- 7th Circuit ruling puts ERISA litigation back on track
- Ruling undercuts ERISA promise of protection
- Ruling restores some balance to ERISA cases
- FAQs You Should Be Asking About Disability Insurance
- Appeals court rejects ruling on tardy review
- Exercise Your COBRA Rights Without Getting Snake-Bitten
- Predicting the Future Course of Employee Benefits Litigation
- 1st Circuit overlooks crucial ERISA distinction
- When and Why AD&D Insurance Companies Deny Claims
- Unfair ruling against reasoning behind ERISA
- ERISA Ruling Shows Reluctance for Disability Claim Remand
- Insured’s silence not enough
- Court applies common sense to ERISA
- No reason to deny jury trials for ERISA claims
- What Should I Expect When I File a Disability Insurance Claim?
- Discretionary clauses under heavy fire
- Insurance adjuster wins bid for disability benefits
- Ruling shows courts must take more responsibility
- Recent Trends in Transgender Healthcare Law
- Ruling exposes defects in insurer’s determination
- Big step toward clearing up ERISA litigation
- Long-Term Care Insurance Lawyers in Chicago
- Consider this before wrongfully denying a claim
- Ruling Shows Medicare Confusion Can Lead to Costly Results
- Changed definition halts disability benefits
- Court right to look at big picture in benefits case
- Ruling outlines scope of review in ERISA case
- Ruling puts Glenn decision to work
- Insurer functioned as administrator court
- Chronic pain and disability claims
- Is expediency more important than accuracy?
- Disability Benefits & Depression
- Ruling warns against failure to communicate
- Judge questions distinction set for types of illness
- Ruling on scope, standard of review disturbing
- Judge takes aim at disability insurers, ERISA
- How Discovery Is Evolving in ERISA Benefits Litigation
- 4th Circuit joins chorus in questioning tactics
- Right result, but confusing reasoning
- Insurer can’t ‘cherry pick’ medical report
- 5th Circuit stands alone on degree of disability
- Insurer can’t keep manual from claimant
- Erring on ERISA by looking for common sense
- Turning up the power of the lens raises the heat
- Work ability more than just physical
- Opinion aberrational on work definition
- Ruling an indictment of Unum’s operations
- Standard of review didn’t prevent reversal
- Oversights led to offsets for veteran’s benefits
- An end to lenient regime of claim reviews
- Court misunderstands definitions
- Court finds conflict in review of claim
- Court issues important case on attorney fees
- New ERISA Ruling May Cut Claimants’ Timeliness Guesswork
- Claimant not required to exhaust issues
- Judge has neither love nor mercy for ERISA
- Insurer’s own guidelines dismissed as not binding
- Court rethinks its approach after Glenn ruling
- ‘Bad faith’ not required in awarding fees
- Federal court revives disability claim for schizoaffective disorder
- What to Do if You Are Being Surveilled by Your Long-Term Disability Insurer
- Can an expired limitations period be revived?
- Life insurance and beneficiary intentions
- Churches, pensions and ERISA
- Should veterans’ benefit payments reduce private long-term disability?
- UnitedHealth ERISA Ruling Exposes Faults in Health Coverage
- High Court Social Security Ruling’s Implications for ERISA
- When it comes to ‘or,’ context matters
- Why Do Health Insurers Deny Claims?
- ERISA anti-alienation provisions do not protect benefits once distributed
- Supreme Court to hear ERISA case on retirement plan mismanagement
- Federal appeals court rules that ERISA plans can include choice of venue provision
- Study on long-term care insurance: Tips when coverage fails
- Insurer’s Objective Pain Defense Doesn’t Hurt Fibromyalgia Claim
- SCOTUS to rule on ERISA fiduciaries duty to monitor investments
- 7th Circ. Ruling Highlights ERISA Contradiction
- Disability determinations require realistic assessment of vocational capabilities
- What Are the Top Ten Mistakes Disability Insurance Claimants Make When Seeking Disability Benefits?
- In ERISA, removal of deterrence incentivizes negative behavior
- Courts Continue to Permit Plaintiffs to Plead Simultaneous Claims for Benefits and Breach of Fiduciary Duty Under ERISA
- Insurers should not conflate risk factors with pre-existing conditions
- Mental Health Coverage Required Under 2008 Parity Act
- What an occupation assessment entails
- ERISA Remedies Could Increase Under Liu v. SEC ruling
- Crime, punishment and paying restitution to victims
- How to Navigate the Disability Insurance Claim Maze
- Ensure Future Financial Security With Life and Accidental Death Insurance Policies
- Court takes weekends into account in extending ERISA deadlines
- Objective medical information for claims
- In 11th Circuit case, disabled worker not disabled enough
- Court finds denial arbitrary and capricious
- Reflections on the Americans with Disabilities Act at Age 30
- When does ERISA apply to small business owner benefit plans?
- ERISA preemption and state bans on discretionary clauses
- Court looks at calculating credit and taxes in disability benefits case
- 5th Circ. Opinion Is Right To Question ERISA Review Norms
- Discretionary clauses and choice of law in ERISA cases
- Role pain plays in disability spotlighted
- Why Do Disability Claims Get Denied?
- State health care database laws take on ERISA: SCOTUS to decide
- Pension obligations vs. religious exemptions: Does this make sense?
- Has Your Short-Term or Long-Term Disability Claim Been Denied?
- Court casts questioning eye on whether doctors’ review was fair, independent
- ERISA does not stand for equitable relief in ‘swollen assets’
- California ERISA case makes attorney’s success (and fees) one and the same
- Disability insurer taken to task over vocational assessment
- Disability Claims Denials: Next Steps
- Examining When a Plaintiff Can Remain Anonymous
- Ruling pushes needs of the individual
- Ruling sheds light on reimbursement claims
- Man finds his claim narrow enough to avoid ERISA pre-emption provisions
- Should I Mediate My Insurance Claim?
- Health insurer’s three-word denial brings cold shoulder from 2nd Circuit
- One disability claim case brings several common themes together
- Physician Was Full-Time Employee Entitled to Benefits, Court Finds
- Disability insurer taken to task for delayed action on disability claim
- Insurer lambasted for ‘misleading’ court and claimant in disability case
- What Are Residual Disability Benefits?
- Proving intoxication caused injury more difficult than simple tests
- Discretion and pre-emption: Unraveling ERISA, state insurance law
- Doctor’s sizeable income from insurer raises big question of neutrality
- Judge delivers a sobering message to wine rep’s disability insurer
- Plaintiff Loses De Novo Review, Couldn’t Prove Disability Argument
- Appeals court takes stand on sitting, opts for Labor Department ruling
- Court OKs Insurer’s Application of ‘Self-Reported Symptom’ Limit
- Inconclusive medical tests should not undermine benefits claim, court rules
- How Does Long Term Disability Differ From Social Security?
- New ERISA disability rules look to level playing field for all
- Is Your Retirement Plan Governed by ERISA?
- Court throws back red herring in fibromyalgia disability case
- Why Do I Need Long Term Disability Insurance?
- New wine in an old bottle: the Department of Labor’s revised regulations applicable to disability benefit claims
- Question of disability for pharmacist on narcotics doesn’t halt insurer
- Case guidelines not meant as rigid formula that dictates outcome
- Georgia disability case gives weight to functional capacity evaluations
- Court Rejects Finding on Claimant’s Mental Health Insurance Benefits
- If sufficient medical evidence absent, consider vocational skill level
- Court questions insurer’s about-face on paying disability benefits
- ERISA exception ruling may bring wider interpretation in the future
- Court misses the mark on disability
- Offset statutes put brakes to insurer’s effort to half disability benefits
- Ruling gives benefits, but not lawyer fees
- Contract Clause Strong Enough to Upend ERISA Forum Provisions
- Court tries to end discretion debate
- When a Chain Has Too Many Links
- Behavioral Health Ruling Supports Benefit Claim Appeals
- Remand didn’t help where Plan was at fault
- Montana Ruling May Bridge Gap Between Physical, Mental Disability
- Decision begins to explain problems with ERISA litigation
- Insurer Sent Packing With Travel Argument
- Attorney’s fees not enough to deter bad denials
- Court Grounds Claims by Insurer in Airline Pilot’s Disability Case
- Benefit payment decisions should not be left up to the Insurers
- Insurer’s Flip-Flop on Disability Claim Causes a Finding for Plaintiff
- Conflicted over conflicts of interest
- Insurer Loses Out on Effort to Capture Chunk of Med-Mal Settlement
- Case shows it’s not ‘all or none’ for disability
- Court tackles ‘church plan,’ ‘self-reporting’ case
- Court Parses Difference Between Residual Disability and Total Disability
- Benefits Ruling Contradicts Intent of ERISA, Disability Plans
- Court too quick to allow in report
- Diminished Work Ability Does Not Have to Be Total for Total Disability Finding
- Courts differ over weighing pain credibility
- Misuse of Occupational Titles Dictionary Draws Judge’s Ire
- Insurers not living up to ERISA duties
- Judge Takes Insurer to Task for Denying Claimant With MS
- Why It’s Important to “Make Your Record”
- Disability benefits cannot be terminated without an explanation
- Amputation Cause Is Case Law Worth Reading
- How to Challenge a Disability Insurance Denial?
- Does being able to work part time cut the right to disability benefits?
- Federal Court Argues for Right to Jury to Pursue Erisa Claims
- A Primer on Behavioral Health Residential Treatment Cases
- High court decision provides some guidance on ERISA limitations periods
- Disability Due to Pain Is Difficult to Prove
- Deficient Vocational Review Leads to Remand
- A lesson in disgorgement
- Scope of ERISA and Occupation-Specific Disability
- Health Benefit Ruling Raises Reviewer Neutrality Questions
- What Is the Meaning of “Regular Occupation” in a Disability Insurance Policy?
- Should claimants be allowed to depose ERISA Plan Administrators?
- Third Circuit Works Through Occupation-Specific Disability Definition
- Divided Court Backs Denial of Accidental Death Claim
- Is Death Resulting From Autoerotic Asphyxiation a Self-Inflicted Injury?
- Two points of view on offset for veteran and disability benefits
- Insurer’s Bid to Use Videotape to Halt Disability Benefits Finds No Takers
- Accidental Death Ruling Highlights Flaw in ERISA Deference
- Social Media No Substitute for Sound Medical Records
- Court report looks at issue of filing suits under pseudonyms
- Court OKs Disability Claim by Attorney With Chronic Pain
- Post-Traumatic Stress Disorder and LTD Benefits
- Remands as final judgments? Court dismisses ERISA case
- Disability Insurance Bars Pre-Existing Conditions
- Insurers Send Payments Directly to Patients Depriving Providers of Reimbursement for Services
- Court finds for insured in absence of examination
- Insurer’s Exclusion for Outdoor Mental Health Programs Rejected
- Can I Volunteer or Take Classes While on Disability?
- McCutchen may influence other court decisions
- Mental Health Insurer Guideline Ruling May Become National Template
- Does Suicide Make a Life Insurance Policy Void?
- Is there a duty to investigate?
- Defining “Full and Fair” Review of Disability Benefits Claim
- How You Talk to Your Doctor Matters
- Federal court rejects remand request
- Returning to Work Post-Injury Doesn’t Invalidate Disability Claim
- How a Functional Capacity Evaluation Can Help Prove Your Disability
- What Are Pre-Existing Conditions?
- Return to work can create benefits controversy
- Credibility Important Element When Seeking Disability Claim
- Disability Claims and Complex Regional Pain Syndrome
- Federal court explains why ERISA governs insurance benefit disputes
- Ruling Holds Cause of Disability Not Necessary to Claim Benefits
- The Problem With Pain
- Clearing up questions left by DOMA ruling
- “Substantial Compliance” Not a Valid Excuse for Tardiness
- Review Your Employee Benefits Every Three Years
- 7th Circuit OKs suits challenging benefit denials
- 401(k) Litigation Is Rising. What Could Change?
- Does insurer get offset from VA disability benefits?
- Ambiguous Wording in Policy Costs Insurer Additional $4M
- Obtaining LTD Benefits for Multiple Sclerosis Can Be Complex
- Ruling addresses policy limitations
- Deferential, yes, but certainly not inconsequential
- Disability Benefits Turn on Symptoms Over Diagnosis
- Is Death Resulting From Autoerotic Asphyxiation “Accidental”?
- A crucial distinction exists in the types of plans
- Doctor’s Visit Without Treatment No Reason to Turn Down Benefits Erisa
- The 5th Circuit Finally Gets De Novo Review Right (Somewhat)
- Determining when a cause of action accrues
- The Importance of Medical Records in LTD Insurance Claims
- Court takes controversial position in Pettaway
- Beware of Social Media When Applying for Disability Insurance Benefits
- Ruling looks at professionals paying for two types of disability coverage
- How Denial of Autism Care Coverage Can Breach ERISA Duty
- The Importance of Erisa Claim Appeals in Disability Benefit Claims
- Courts see more accidental death claims
- Mental Versus Physical Disabilities
- Supreme Court reviews ERISA litigation, opens door for overhaul
- 7th Circuit Holds ERISA Does Not Cover Charter School Teachers
- Common Problems People Encounter When Seeking Long-Term Care Benefits
- How do courts weigh conflicts of interest?
- The Complexity of ERISA Preemption
- Contingency fee representation uncertain
- What Happens When Anticipated Medical Improvement Never Happens?
- Discovery proves useful in ERISA cases
- HB 1332 provides hope for eating disorders. Contact Governor Rauner to show your support
- Courts consider who can be sued as the defendant
- Headaches and disability
- The challenges in calculating disability benefits
- Worker files lawsuit to fight denial of LTD insurance for PTSD
- Get to the truth on the matter
- Practical Considerations for Disability Claimants During the COVID-19 Pandemic
- Fibromyalgia recognized as a disabling impairment
- Case shows difficulty in assessing impact pain or fatigue has on job
- Speeding Triggers Crime Exclusion in Life Insurance Policy
- Surveillance, social media investigations, and tactics insurance companies use to deny disability insurance claims
- A lesson: Don’t overlook other sources of evidence
- When ERISA Preempts State Laws for Employee Benefits
- The Fifth Circuit opens the door to de novo review
- Court says Liberty made decision ‘apparently devoid of reasoning’
- Converting to cash balance plans can be tricky
- ERISA ruling shows daunting review standard for claimants
- More adults under the age of 55 are experiencing disabling strokes
- Several circuits remain divided over remand orders in ERISA cases
- Can a disability insurer rely on a treating doctor’s outlier opinion?
- Claims within framework of federal civil procedure
- Life insurance incontestability – What is it and how do you deal with it?
- The problem with file reviews in disability benefit cases
- Surprising ruling finds Unum’s interpretation capricious
- The Carrot or the Stick? Can Employers Mandate That All Employees Receive Vaccinations?
- “Claims procedure for plans providing disability benefits,” 81 FR 92316
- Applying deferential standard of review in evaluating claims
- Steps to Take if Denied Coverage for Cancer Treatment
- Medical complications and accidental death insurance
- 9th Circuit weighs statutory requirement failure
- What is the Employee Benefits Security Administration?
- Deferential review process needs fair standards
- What is the difference between schizophrenia and a schizoaffective disorder in disability benefit cases?
- Court reconsiders remanded benefit case
- Can prevailing defendants in ERISA cases recover attorneys’ fees?
- Approach clarifies benefit claim determinations
- Overcoming the fibromyalgia stigma
- Court looks at critical issues involving syndrome
- Does a co-morbid psychiatric impairment allow a disability insurer to invoke a policy limitation limiting the duration of benefit payments for psychiatric conditions?
- Federal appellate panel addresses insureds disability insurance policy
- Not under a doctor’s care when you file? ‘Not a problem’, court rules
- Federal court says language serves as the key in employment cases
- Obtaining LTD benefits often requires legal help
- Insurance ruling strays from precedent in drunken driving case
- 8th Circuit Denies Undocumented Worker’s Employer Health Benefits
- DeBofsky, Sherman & Casciari successfully challenges forum selection clause
- ERISA: A Frankenstein made up of different laws
- Common Mistakes When Applying for Long Term Disability Benefits
- New survey shows insurance company bad faith in cancer claims
- The standard of review can affect application of offsets
- 6th Circ. Ruling Offers Fresh Look at ERISA Exhaustion
- Can a discounted premium bill create an ERISA plan?
- Courts examine 24 month mental illness limitation in disability claims
- Insurers must evaluate cognitive/mental demands of an occupation
- Comparing an ERISA benefit to a payroll practice
- Should I Accept a Severance Package While on Employer-Sponsored Group Disability?
- How to interpret the “each and every duty” requirement in a disability insurance policy
- Court strays from rules of procedure
- What Is Accidental Death and Dismemberment Insurance and How Does It Differ from Life Insurance?
- 7th Circ. Ruling Poses Hurdle To Multiemployer Funds’ Claims
- What did you really buy with your long-term care policy?
- How CIGNA handles or mishandles disability claims
- 1st Circuit ERISA Benefit Ruling Misapplies Review Standard
- Does your insurance plan cover the latest Hepatitis C treatments?
- Court affirms that plaintiff faces medical condition, not addiction
- When can a Social Security determination be admitted into evidence in an ERISA long-term disability benefit case?
- Court says surveillance an abuse of discretion in disability benefits case
- What is objective medical evidence of disability?
- US Supreme Court will consider issues over employee benefit plans
- The confusion eases over ERISA statutes of limitations
- Recent court rulings show difficulty in determining fee awards
- Another court limits church plan exemption to ERISA
- Appeals panel considers insurers rights
- U.S. Supreme Court tackles Vermont health plans
- Court addresses employee benefits law with regard to misrepresentations
- Court Gives OK to Discovery in Case Involving Fibromyalgia Claim
- Finding conflicts of interest
- 9th Circuit ruling shows importance of ERISA standard of review
- COVID Brings Disability, Accidental Death Coverage Questions
- How to defeat a pre-existing condition denial
- Why the Supreme Court’s definition of “civil action” should lead to an overhaul of ERISA civil procedure
- What is “appropriate equitable relief”?
- 5 factors give courts help in reviewing ERISA cases
- Aetna and the courts
- Courts struggle with when limitation periods accrue
- Best Practices – After a Social Security Approval
- A wake-up call to claimants on partial or residual disability
- Ruling points out difficulties of assessing disability
- Department of Labor proposes new regulations for disability benefit claims
- Who decides whether treatment is appropriate?
- Appeals Court: Objective Evidence More Than Medical Tests
- “Clear that Aetna’s goal was to deny the plaintiff’s claim”
- Court revisits difficult issue of ‘total disability’
- Intentional infliction of emotional distress and ERISA
- Battle over standard of review likely to continue
- Mental illness and disability
- When a literal reading can be overridden
- Suing under a pseudonym
- 9th Circuit ruling provides greater protection of benefits
- Should I request independent external review of a health benefit denial?
- Clarity needed on contractual periods of limitation
- What does accidental death and dismemberment (AD&D) insurance cover?
- 10th Circuit sticks to ‘review proceeding’
- Can I Claim Disability Benefits if I Am Terminated?
- Headaches, narcotic pain medications, and disability
- Ruling clarifies contractual limitations periods
- Reduction of disability payments by “other income benefits”
- ERISA “full and fair” review of voluntary appeals
- How Long Does Disability Retirement Last?
- ERISA Ruling Reveals Big-Picture Health Benefit Issues
- Post-disability earnings – profit distribution or income?
- Payment delays merely encourage denials
- What are pre-disability earnings?
- Claims require an ‘independent decision,’ not a ‘review’
- How to File a Winning ERISA Claim
- Releases of employment-related claims may unintentionally release ERISA benefit claims
- The duty to notify of post-employment rights
- When Is the Right Time to Hire a Disability Benefits Attorney?
- A re-examination of ERISA civil procedure
- Efficiency, expediency need to give way to fairness
- The list bill – inadvertently creating an ERISA plan?
- Ruling provides thoughtful primer on discovery
- Unum abused discretion in denying fibromyalgia claim
- Using SSDI applications to screen disability claims
- Long-term care insurance: Tips when coverage fails
- A court wades through how a disability is defined
- Should You Accept a Long Term Disability Policy Buy-Out?
- 7th Circuit hears oral argument on discretionary clause ban
- Disability claims will falter without specifics
- Job versus occupation
- A ruling that could protect thousands of claimants
- How long may claim appeals be tolled?
- Preexisting conditions: symptoms vs. diagnosis
- Co-morbid impairments (combination of two or more disabling conditions)
- Appeals court clarifies factors for fee awards
- “No good deed goes unpunished”
- Defining ‘disability’ means looking at duties
- Plaintiff Wins Claim for Long-Term Disability Benefits
- Considering impairments in combination
- Occupation review should look into the past
- Quis custodiet ipsos custodes?
- Judge sees importance of discovery ruling
- What Is an Interpleader?
