Disability Insurance Lawyer Blog

Jason Newfield Lectures at Disability Insurance Conference

Jason Newfield recently lectured for the American Conference Institute (ACI), on Disability Insurance Claims and Litigation. His presentation was entitled "Subjective Disorders: Objective Proof of Non-Visible Conditions." This marks the Fifth consecutive year Mr. Newfield has been an invited speaker at ACI. Mr. Newfield collaborated with Dr. Mark Levy on this project, and offered their opinions and discussion regarding the medical and legal aspects of subjective claims, including claims for Depression, Anxiety, Fibromyalgia, Chronic Fatigue Syndrome, and Lyme Disease. Some of the areas covered in Mr. Newfield's lecture included paper reviews by physicians hired by insurance companies and how courts have treated such action, particularly in mental health claims, a discussion about the propriety of requiring objective evidence to support claims that are largely subjective in nature, and cases addressing reviews by doctors who do not believe a particular condition could ever be impairing and how courts have viewed such situations. A lively...
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Lloyds of London Denies NFL Receiver’s Disability Claim

Marqise Lee, former USC receiver, and current NFL player for the Jacksonville Jaguars, sued Lloyd's of London after his disability insurance claim was denied. Lee, who purchased a $5 million loss-of-value insurance policy in August 2013, was denied on the grounds that he misled insurers about his injury history. Lee purchased the policy for premiums of $94,600 to cover loss-of-value and total disability insurance. He filed for a claim two weeks after NFL draft day, filing medical documents which showed that his knee was treated throughout the USC Trojan’s season in 2013. Lee’s injury took him down from a first round draft prospect to a second-round pick as the 39th overall selection in the 2014 NFL draft. His salary was therefore substantially lower than it would have been if he were drafted in the first round. The policy was purchased to cover the difference between his rookie NFL contract and a $9.6...
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Doctors, Dentists and a Changing Landscape

The rise of the multi-office practice with numerous partners and locations and the shift away from solo practitioner offices has dramatically changed the landscape for dentists and doctors. Disability insurance companies are well aware of this change and understand that it has made practicing medicine and dentistry more challenging for medical professionals. Concern about senior practitioners leaving the field under the guise of a disability has led the disability insurance companies to take an even more aggressive position when it comes to denying, delaying and investigating claims. This is one of the issues that Jason Newfield and Justin Frankel will explore when they speak at GLIDM, the Greater Long Island Dental Meeting. More than 2,500 dentists and dental professionals will attend this annual event, and we are pleased to have been invited to speak. Many of our clients are dentists and we are keenly aware of the challenges that they often face...
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Disability Insurance Claims and Your Physician

What happens when the long term disability insurance company asks for more medical records and your primary treating physician says no? During the decade plus that we have represented disability claimants, occasionally we do run into this situation. It often occurs when the claimant is a member of a large practice where they have been seen by many different physicians. It also occurs when, for whatever reason, sometimes valid, sometimes not, the claimant has a bad relationship with their physician (or even the physician’s staff). Whatever the reason for this situation, it is one that can be managed, but does require some skilled negotiating. Most important – this is not the time to change doctors. Insurance companies will notice and you will be accused of “diagnosis shopping” or “physician shopping.” It can be a red flag to an adjuster or a third party disability processing administrator and may be used to deny your...
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Chronic Fatigue Syndrome (CFS) Given A New Name and Diagnosis

For the estimated 836,000 and 2.5 million Americans who have long endured both the devastation and the stigma of Chronic Fatigue Syndrome, this week’s announcement by the Institute of Medicine (“IOM”), an independent organization that provides unbiased and authoritative advice to policymakers and the general public, was a huge milestone. The announcement is particularly important to us. Partner Jason Newfield recently completed a four year term on the Chronic Fatigue Syndrome Advisory Committee, a federal committee that advises the United States Department of Health and Human Services regarding Chronic Fatigue Syndrome. We are knowledgeable and experienced with ME/CFS, and take great pride in representing ME/CFS patients in disability insurance matters. IOM was tasked by a large number of federal agencies: The Department of Health and Human Services (HHS), the National Insti¬tutes of Health, the Agency for Healthcare Research and Quality, the Centers for Disease Control and Prevention, the Food and Drug Administration,...
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