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- Is a court remand sufficient for a fee award?
- Wrongly used standard can deny worthy benefits
- 6th Circ. ERISA Ruling Highlights Dubious Court Practices
- 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 Law 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
- What to Expect When Hiring a Lawyer for a Disability Insurance Claim
- DeBofsky Law 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 Law 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
- Hughes v. Northwestern University – The Seventh Circuit Upholds Plaintiffs’ Excessive Fee Claims
- 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
- Public Policy Weighs In Favor of Insurance Beneficiaries
- 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
- New Research Offers Clues for How to Prove Disability Due to Long Covid
- 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 I Apply for Long-Term Disability Benefits If Short-Term Disability Benefits Are Denied?
- Labor Department Gains Court’s OK to Pursue Cybercrime Investigation
- 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
- 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
- How Do Insurance Companies Evaluate Short-Term and Long-Term Disability Claims?
- Court recognizes fiduciary breach claim when health insurer gives erroneous information
- A painful burden for disability claimants
- If Doubts Arise, In-Person Exam Needed
- Narcolepsy Disability Benefits
- 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
- ERISA Ruling Reinforces Claimant Right To Know Denial Basis
- 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 Law
- 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
- Severance Pact Forecloses Right To Pursue Disability Claim Later
- Federal appellate court reinstates claim in ERISA dispute
- What to Expect at an Independent Medical Examination (IME)
- 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
- 9th Circ. Accidental Death Ruling Raises Critical ERISA Issue
- Seventh Circuit permits ERISA suits to be brought against insurers
- 7th Circuit Addresses Lump-Sum Pension Distribution Question
- What Is an Incontestability Clause?
- Why is the term “Arbitrary and Capricious” So Important in Relation to Disability, Life, Accidental Death, and Medical Benefits from an Employer-Sponsored Benefit Plan?
- 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?
- What It Means to Be Under the Care of a Physician
- DeBofsky Law 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 Law obtains favorable court ruling on ERISA standard of review
- Disability Pension Blocked for Working Man
- Senate Oral Testimony
- What Can You Do If Your Doctor Will Not Complete Your Disability Claim Forms?
- DeBofsky Law wins court ruling on ERISA standard of review
- Settlement did not justify vacatur: U.S. court
- Rare ERISA Trial Shows Judicial Scrutiny Vital in Claim Review
- 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
- How Can I Tell If My Benefit Plan Is Governed by ERISA?
- Courts Should Follow 8th Circ. On ERISA Procedure Rules
- 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?
- Updated Standard of Care Cements Ruling in Health Benefits Dispute
- 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
- 8th Circ. Ruling Sets Road Map for Disability Benefit Reviews
- 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
- Does Bipolar Disorder Qualify You for Disability?
- How to Respond to New Evidence Generated After Submitting an LTD Appeal
- Ruling restores some balance to ERISA cases
- FAQs You Should Be Asking About Disability Insurance
- Who Has the Burden of Proof When an ERISA Claim Is Denied?
- What Personal Injury Lawyers Need to Know About ERISA Liens
- Appeals court rejects ruling on tardy review
- Exercise Your COBRA Rights Without Getting Snake-Bitten
- Predicting the Future Course of Employee Benefits Litigation
- Cybercrime, Identity Theft, and Retirement Savings
- 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
- How to Defeat a Pre-Existing Condition Exclusion Denial
- ‘Full and Fair Review’ Required Insurer to Share Adverse Report With Claimant
- 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?
- What Are Witness Statements and Why Are They Important for Your Disability Claim Appeal?
- Discretionary Clauses Under Heavy Fire
- Congress Must Ban Discretionary Clauses in ERISA Plans
- Insurance adjuster wins bid for disability benefits
- Ruling shows courts must take more responsibility
- Recent Trends in Transgender Healthcare Law
- Insurers Send Payments Directly to Patients Depriving Providers of Reimbursement for Services
- Reimagining ERISA Civil Procedure
- 9th Circ. Should Rethink Inadequate UBH Ruling
- Ruling exposes defects in insurer’s determination
- What to Look for When Purchasing Individual Disability Insurance
- Big Step Toward Clearing Up ERISA Litigation
- How Insurance Companies Calculate Disability Benefits
- The Evolution of Litigation of Health Insurance Claims Involving Mental Health
- 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
- Choosing the Right Lawyer for Benefit Denial Cases: A Comprehensive Guide
- 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
- What Damages Are Available If You File a Lawsuit Seeking ERISA Benefits?
- 5th Circuit Stands Alone on Degree of Disability
- Should I Appeal a Denial of Long-Term Disability Benefits on My Own?
- The Role of the Treating Doctor in a Disability Insurance Claim
- Insurer can’t keep manual from claimant
- A Primer on ERISA Benefits Litigation
- Erring on ERISA by looking for common sense
- Turning up the power of the lens raises the heat
- The Vocational Aspects of Disability Insurance Benefit Claims
- Work ability more than just physical
- How to Defeat Ambiguities in Disability Insurance Claim Forms
- Opinion aberrational on work definition
- Ruling an indictment of Unum’s operations
- Standard of review didn’t prevent reversal
- How Can I Protect My Life Insurance if I Become Ill and Cannot Work?
- Oversights led to offsets for veteran’s benefits
- An end to lenient regime of claim reviews
- ERISA Ruling Was Right To Seal Sensitive Records
- 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
- Generalized Anxiety Disorder Disability Benefits
- 10th Circ. Remand Of ERISA Claims To Insurer Is Problematic
- ‘Bad faith’ not required in awarding fees
- All the Ways in Which a Disability Benefits Claim Appeal Can Go Wrong
- 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
- How Is Mental Health Parity Enforced?
- 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
- The Winds of Change Are Blowing in ERISA Litigation
- ERISA Ruling Rightly Addresses Civil Procedure Hurdle
- When it comes to ‘or,’ context matters
- Why Do Health Insurers Deny Claims?
- How Do I Know if My Benefit Plan Is Self-Funded?
- ERISA anti-alienation provisions do not protect benefits once distributed
- Supreme Court to Hear ERISA Case on Retirement Plan Mismanagement
- Has Your Short-Term or Long-Term Disability Benefits Claim Been Denied?
- 4th Circ. Disability Ruling Shows ERISA Procedure Flaw
- 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
- The Time Has Come for Disability Insurers to End Discrimination Against Mental Health Conditions
- 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
- 4th Circ. ERISA Ruling Shows Plan Discretion Is Not Limitless
- 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
- Disability Insurer Loses Bid to Limit Benefits Physician Sought
- 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?
- New ERISA Rulings Diverge on Civil Procedure
- What Employers Should Look for When Purchasing Group Disability Insurance
- Court casts questioning eye on whether doctors’ review was fair, independent
- ERISA does not stand for equitable relief in ‘swollen assets’
- Denied Sight-Unseen: Why Are Non-Examining Doctors So Prevalent in the Disability Insurance Industry?
- 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?
- 5 Steps to Applying for Long Term Disability Benefits
- A Comprehensive Guide to Understanding Arthritis and Joint Disease Disability Insurance Claims
- 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
- What is ‘Proof of Loss’ and Why Is It Important for My Disability Claim?
- 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
- Court Directs Insurer to Take Fresh Look at Coverage Denial
- Judge delivers a sobering message to wine rep’s disability insurer
- Plaintiff Loses De Novo Review, Couldn’t Prove Disability Argument
- Can My Disability Benefits Be Terminated Even if My Medical Condition Has Not Improved?
- 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?
- Digestive Disorders and Disability Insurance: What You Need to Know
- 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
- Disability Claim Ruling Holds ERISA Fiduciary Duty Lessons
- 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
- What Employment Lawyers Should Know About ERISA
- If sufficient medical evidence absent, consider vocational skill level
- Court questions insurer’s about-face on paying disability benefits
- 6th Circ. Judge Correctly ID’d ERISA Civil Procedure Conflict
- ERISA exception ruling may bring wider interpretation in the future
- Court Weighs Trial Lawyer’s Limitations, OKs His Long COVID Disability Claim
- Does Employment Termination Following the Exhaustion of Family and Medical Leave also Terminate the Payment of Disability Benefits?
- 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
- 9th Circ.’s Latest UBH Ruling Ignores Case’s Core Issue
- Court Tries to End Discretion Debate
- When a Chain Has Too Many Links
- Behavioral Health Ruling Supports Benefit Claim Appeals
- What Is an Interpleader?
- 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
- Benefits Ruling Shows Need For Revised ERISA Procedure
- 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
- Disability Claims and Complex Regional Pain Syndrome
- Easing the Burden of Disability Insurance Paperwork
- 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
- Ruling Highlights Key Intersection of 2 Health Benefit Laws
- 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
- Court Questions Disability Claim Reviewer’s Rate of Benefit Denials
- 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
- 2nd Circ. Ruling Highlights ERISA Determination Deadlines
- 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
- What Is the Significance of “Restrictions & Limitations” in a Disability Benefit Claim?
- 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
- 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
- Keeping a Symptom Diary Can Improve Your Chances of Receiving Disability Benefits
- Does Suicide Make a Life Insurance Policy Void?
- Is there a duty to investigate?
- Defining “Full and Fair” Review of Disability Benefits Claim
- Common Mistakes When Appealing a Denial of Long Term Disability Benefits
- ERISA Ruling Shows Lax Enrollment Practices Can Be Costly
- 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
- What Treating Doctors Should Know When Dealing With Disability Insurers
- The Problem With Pain
- Clearing Up Questions Left by DOMA Ruling
- “Substantial Compliance” Not a Valid Excuse for Tardiness
- Depression Due to Physical Impairments Can Place Disability Claimants in a Catch-22
- 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
- Understanding Clotting Disorders, Deep Vein Thrombosis, and Lymphedema: Causes, Symptoms, and Treatment
- 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
- 9th Circ.’s Hasty UnitedHealth Reversal Is Disappointing
- Benefits Ruling Has ERISA Review Standard Red Flags
- 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: A Detailed Case Analysis
- 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?
- How Has COVID-19 Affected Deadlines Relating to Employee Benefits?
- 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?
- Understanding Objective Medical Evidence in Disability Claims
- “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 ERISA?
- What is the Employee Benefits Security Administration?
- Deferential Review Process Needs Fair Standards
- Can You Work and Be Disabled at the Same Time?
- 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
- Is Post-Traumatic Stress Disorder (PTSD) a Disability?
- DeBofsky Law 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
- How Long Does it Take to Appeal a Disability Insurance Benefits Denial?
- Can a Discounted Premium Bill Create an ERISA plan?
- Courts Examine 24 Month Mental Illness Limitation in Disability Claims
- Disability Benefits for Fibromyalgia
- 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 Important Role Of Contra Proferentem In ERISA Cases
- The confusion eases over ERISA statutes of limitations
- Recent court rulings show difficulty in determining fee awards
- What Do I Need From My Doctor to File for Disability Benefits?
- 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
- Disability Benefits for Migraine Headaches
- Why the Supreme Court’s definition of “civil action” should lead to an overhaul of ERISA civil procedure
- What Is the Difference Between Short-Term Disability and Leave Under the Family and Medical Leave Act?
- 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
- What Steps Can I take if My Claim for Long-Term Care Insurance Benefits Is Denied?
- 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’
- Navigating Disability Insurance Claims for Head Injuries and Post-Concussion Syndrome
- 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
- What You Need to Tell Your Doctor After You File Your Disability Insurance Claim
- 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?
- What Is a Neuropsychological Evaluation in a Disability Claim?
- 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
- What Is an “Elimination Period” in a Long-Term Disability Policy?
- 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
- The Dos and Don’ts of Disability Insurance Field Interviews
- Considering Impairments in Combination
- Occupation review should look into the past
- Quis custodiet ipsos custodes?
- Judge sees importance of discovery ruling
