erisa disability appeals Archives

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 […]

A Federal Judge in Connecticut has ordered Aetna to trial on a denial of group long term disability insurance claim, under ERISA. The Court denied the parties’ motions for summary judgment, and has stated that “A trial will be scheduled for the earliest date.” The parties submitted competing reports from experts – Aetna relying upon […]

A mild winter is usually followed by an increase in the number of ticks in the spring and summer. This summer, the number of ticks that carry several disease have increased, as have the number of ticks infected with diseases that threaten humans. In addition to Lyme, people need to know about the Powassan virus, […]

Our client, a 56-year old Registered Nurse at one of the top 25 ranked best hospitals in New York State, retained the services of our firm to fight for her wrongfully terminated disability claim – after Reliance Standard found her disabled for the past 5 years and paid her benefits. Our client was diagnosed with […]

New research suggests that the body’s response to infection may be responsible for onset of a Chronic Fatigue Syndrome (CFS), according to research from King’s College in London. The study, reported by The Guardian, found that an overactive immune response appears to be a trigger for persistent fatigue. CFS is a debilitating long-term condition where […]