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Archive: March 2011

JUDGES WHO FRIEND YOU ON Facebook AND FOLLOW YOU ON TWITTER

Thursday, March 31st, 2011

JUDGES WHO FRIEND YOU ON Facebook AND FOLLOW YOU ON TWITTER

We have long advised clients that participating in social media like Facebook, LinkedIn or Twitter while on claim or in litigation for a long term disability insurance claim can have serious repercuss...

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Court Finds Met Life Abused Its Discretion

Thursday, March 24th, 2011

Court Finds Met Life Abused Its Discretion

Met Life, one of the largest insurers of ERISA long term disability insurance claims, has been found to have abused its discretion in terminating benefits to a Verizon employee, once her claim was rev...

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UNUM Abused Discretion In Terminating Claim

Tuesday, March 22nd, 2011

UNUM Abused Discretion In Terminating Claim

A Federal District Court judge has found UNUM to have abused its discretion in terminating long term disability insurance benefits to a claimant, who was on a disability claim for orthopedic difficult...

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Another Horror Story Of Abuse Of Discretion Standard Of Review

Thursday, March 17th, 2011

Another Horror Story Of Abuse Of Discretion Standard Of Review

One of the most challenging aspects of disability insurance claim litigation is that the case can literally turn based upon what legal standard a court chooses to apply. These cases often would be cla...

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Why Do Courts Reward Insurers Who Fail To Comply With ERISA?

Tuesday, March 15th, 2011

Why Do Courts Reward Insurers Who Fail To Comply With ERISA?

One of the more frustrating aspects of ERISA disability insurance practice is where insurers are not taken to task more forcefully where they fail to comply with ERISA and the regulations governing ER...

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Court Finds Numerous Claim Handling Flaws

Tuesday, March 15th, 2011

Court Finds Numerous Claim Handling Flaws

A local Judge in the Eastern District of New York has found that CIGNA's claim handling was flawed, with numerous indicia of biased administration of plaintiff's long term disability insurance claim. ...

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Science, Politics And Insurance Companies Make Terrible Bedfellows: Chronic Fatigue Syndrome And Long Term Disability Insurance

Monday, March 14th, 2011

Science, Politics And Insurance Companies Make Terrible Bedfellows: Chronic Fatigue Syndrome And Long Term Disability Insurance

Two years ago, a study found a link between XMRV, a retrovirus, and Chronic Fatigue Syndrome. A recent article in the Wall Street Journal examines the conflict that exists when patients become advocat...

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Court Reinstates Hartford Life Claimant

Wednesday, March 9th, 2011

Court Reinstates Hartford Life Claimant

An Ohio Federal Court recently ordered a claimant to be reinstated to active benefits, where she suffered from dumping syndrome, and chronic fatigue, following treatment for cancer. Hartford had termi...

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Sedgwick – A Dangerous Third Party Administrator

Friday, March 4th, 2011

Sedgwick – A Dangerous Third Party Administrator

A recent case reveals that it is often worse to have a third party administrator reviewing and considering eligibility for long term disability insurance benefits than it is to have an insurance compa...

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