erisa disability appeals Archives

How long the disability company will continue to pay benefits depends on a number of different factors, and every scenario is different. For starters, the length of coverage will be described in the disability insurance policy. This will depend upon the type of policy – group, private or association – and the condition. Most policies […]

More than 15 years ago, my partner Justin Frankel and I wrote an article for the Chronic Fatigue Syndrome Chronicle about what they could expect when filing a long-term disability insurance claim. Reading it on my return to the office from a refreshing holiday break, I was a little taken aback about how little has […]

Two experienced disability insurance attorneys express concerns for Cigna policyowners New York Life Insurance Co. has agreed to pay $6.3 billion in cash for a Cigna Corp. unit that sells non-medical insurance policies (including group LTD coverage) to employers. Addressing the sale, Cigna says it’s to focus on its “core growth platforms,” including paying down […]

The conference room turned into a studio (complete with gaffer tape, left foreground) when Jason Newfield presented a 90 minute webinar for the National Academy of Continuing Legal Education. His presentation, which will be available as a CLE course on NACLE’s website in the near future, addressed the issues facing claimants and attorneys in ERISA […]

Disability lawyers Justin Frankel and Jason Newfield keep a careful eye on the calls and emails that we receive in the office. We are a hands-on practice, so we are very aware when one insurance company or another starts sticking it to people who have filed for disability claims. It seems particularly cruel as we […]

We often use the phrase that a person is “unable to perform the material and substantial duties of their occupation” in our representation of claimants. What exactly does that mean? The term “Material and Substantial Duties” is often a defined term in policies for Disability Insurance. This often includes BOTH private Individual policies, and group […]

The stigma surrounding Chronic Fatigue Syndrome (CFS) is not limited to disability insurance companies.

Frankel & Newfield has represented more than a few Aetna disability insurance claimants where the court has noted the conflict of a company that serves as reviewer and payor of claims. In this case, Aetna suffered defeat at the First Circuit Court of Appeals, where it was the Appellant, seeking to have the Circuit Court […]

We have shared several times in the past few years about the perils of social media for disability claimants. But the issue of how insurance companies are utilizing social media posts has taken a new turn, and there is reason to be concerned. Earlier this year, the New York State Department of Financial Services, the […]

We want to recognize two people who took a big risk to expose how Cigna, a large disability insurance company, treats its policyowners: Glenn Clarke, who is disabled, and his attorney, our colleague and friend Michael Bartolic. Glenn Clarke has a cardiac condition that his doctors say will kill him if he returns to his […]