Frankel & Newfield, P.C.

We Have Recovered Over $100 Million In Claims For Our Clients

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February 2009 Archives

Problems In Subjective Complaint Claims

Where a claimant suffers from a condition that is not readily diagnosed by objective testing, there is often great difficulty in having the insurers accept liability of the claim.  Some of the more common symptoms faced with these problems include claims of fibromyalgia, chronic fatigue syndrome, depression, and even cases of rheumatoid arthritis or back injuries.  Even in cases where herniated discs appear on MRI, insurers will often challenge the claim for disability, arguing that there is no impingement upon nerves or that the condition is simply degenerative.

Investigative Tools Used by Insurers

There are several investigative tools used by insurers on disability claims, including IME's (Independent Medical Examinations), FCE's (Functional Capacity Evaluations), Peer Reviews, Field Investigations, and Surveillance.   The insurer has a contractual right to compel a claimant to undergo an IME, and in most circumstances, a claimant has the obligation to attend an examination.   However, certain testing may not be reasonable, and certain evaluators may not be independent. 

Frankel & Newfield is Featured in The Journal of Medical Practice Management

Justin C. Frankel and Jason Newfield have authored an article entitled "Strategies For Navigating Disability Insurance Claims" which appears in the January/February 2009 issue of The Journal of Medical Practice Management.  The article provides fundamental information about filing a long term disability claim, the issues that often arise in the claims process, and the potential problems that must be avoided to successfully maintain a claim for disability benefits.

Jason Newfield Has Again Been Asked to Present At the ACI National Disability Conference

Jason Newfield is honored to have once again been invited to present to his colleagues at the June 2009 American Conference Institute's 12th National Advanced Forum on Litigating Disability Insurance Claims.  His presentation is entitled "A Circuit-by-Circuit Analysis of Met Life v. Glenn Interpretations and How to Adapt Your Litigation Strategies in Response."  He is well suited to provide this presentation, as the firm's nationwide practice finds them litigating cases throughout the country.  Since Glenn was decided in June 2008, there have been a multitude of decisions on both discovery and dispositive issues which Mr. Newfield will be addressing, and providing insight as to the most effective strategies to consider in choosing a forum for litigation and for the litigation process.

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