A delay in benefits is a very serious problem in the world of disability insurance benefits. Often the insurance companies delay payments, because they can. The disability insurance attorneys at Dell & Schaefer cut through the clutter and get to what the insurance companies are doing to delay your claim.
Continue Reading What Can You do If There is a Delay in Receiving Your Disability Payments?
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National Multiple Sclerosis Society Researchers Find Analyzing MRI’s May Predict MS Progression
Multiple Sclerosis is a disabling illness that affects more than 2.3 million people around the world. MS is usually diagnosed between the ages of 20 and 50 and is two to three times more common in women than men. Multiple Sclerosis is a disease of the central nervous system which interrupts the flow of information to the brain and between the body and the brain such as; numbness and tingling in the extremities, fatigue, paralysis, cognitive impairment and sometimes blindness. Unfortunately, there has been no way to predict how a patient with MS will progress over time once they are diagnosed.
Continue Reading National Multiple Sclerosis Society Researchers Find Analyzing MRI’s May Predict MS Progression
Plan administrator gets the benefit of the doubt in another ERISA lawsuit
Claimants often ask why ERISA lawsuits are so difficult. Among other reasons, the biggest obstacle for claimants in ERISA lawsuits is often the standard of review employed by the court reviewing the claim denial.
The core of every ERISA lawsuit involving the recovery of disability benefits essentially comes down to whether the court will give the claims administrator the benefit of the doubt. In most cases, where the plan gives the administrator discretionary decision making authority, the court reviews the claim denial merely for an abuse of discretion. In other words, the administrator gets the benefit of the doubt.
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Continue Reading Plan administrator gets the benefit of the doubt in another ERISA lawsuit
Court Rules United of Omaha Life Insurance Company Did Not Act Unreasonably in Denying Disability Insurance Benefits to Woman With Fibromyalgia
A Tennessee Plaintiff filed an ERISA lawsuit regarding the denial of her short term disability and long term disability benefits, contending that 1) she was disabled under the terms of the plan; 2) that United of Omaha Life’s reliance upon the opinions of medical experts who did not physically examine her was inadequate to provide…
Do you think ERISA Disability Insurance Laws are fair?
As national disability insurance lawyers, every day we hear from disability claimants that have been denied long term disability benefits. Most of the these disability claimants have disability policies that are governed by ERISA. We want to get some public opinion from a claimant’s perspective about whether ERISA is a fair law. Please post your…
This Week on DIAttorney.com (06/09/2012)
Disability Blog & Cases:
California Court denies Plaintiff’s Attempt to Introduce New Medical Information During ERISA Disability Lawsuit Against Hartford for Long Term Disability Benefits
One of the largest obstacles facing an insured in bringing a lawsuit against a disability insurance company for benefits under an ERISA governed group disability policy is the inability to…
Is my disability policy regulated by ERISA?
ERISA is a federal law that governs most disability plans offered through employers and was enacted in part to make it more affordable for employers to offer long-term disability coverage and health insurance for employees. Unfortunately, ERISA tends to be an unfair law for disability insurance claimants.
The limitations and obstacles inherent to an ERISA…
Lump Sum Buyouts: Savvy Or Foolish
Long term disability insurance provides the needed safety net to protect against disabling injury or illness. Some insurance companies offer a provision called a "lump sum buyout" which may be beneficial to the policy holder.
A lump sum buyout is the payment of funds in exchange for the surrender of one’s long term disability policy.
Is my disability policy regulated by ERISA?
ERISA is a federal law that governs most disability plans offered through employers and was enacted in part to make it more affordable for employers to offer long-term disability coverage and health insurance for employees. Unfortunately, ERISA tends to be an unfair law for disability insurance claimants.
The limitations and obstacles inherent to an ERISA…
This Week on DIAttorney.com (09/03/2011)
Disability Blog & Cases:
Jean Pentecost and her Montana disability lawyer file a complaint against CIGNA
On June 6, 2011, Jean Pentecost sued CIGNA for her disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA) in the United States District Court of Montana, Butte Division. Seeking long term disability benefits as well…