Feb 27 2013

McDonald & McDonald – Long Term Disability Appeals in Ohio and 8 Nearby States

Long Term Disability Appeals in Ohio and 8 Nearby States

            At McDonald & McDonald, we practice ERISA / long-term disability law in several states throughout the Midwest, Mid-Atlantic, & the South.  Our clients have come from a variety of locations and cities.

Our law firm is headquartered in Centerville, Ohio, but we travel where the need arises to represent … Read the rest


Feb 5 2013

Reinstating your Long Term Disability Benefit: The ERISA 502(a) LAWSUIT

Most individuals become familiar with the phrase 502(a) lawsuit by receiving a letter from an insurance company denying access to their long-term disability benefits.

The traditional language often used by long-term disability insurers advises clients that they have “exhausted their administrative remedies”, and now have the ability to file a lawsuit under Section 502(a) of the Employee Retirement Read the rest


May 24 2012

Long Term Disability: “Exhaustion of Administrative Remedies”

Reaching back into our history, I thought the following might be a good decision to share.  This case primarily deals with the often under-litigated issues of exhaustion of administrative remedies and timeliness of the Plaintiff’s Complaint under 502(a) of ERISA. 

In general, each Long Term Disability plan that issues a denial must have rules that give the disabled person an … Read the rest


Oct 28 2011

SURVEILLANCE AND THE FUNCTIONAL CAPACITY EVALUATION

This has been on my mind for some time and I have been trying to let my clients and perspective clients know about this so they can respond appropriately.  Many insurance companies use vendors to conduct video surveillance while the disability claimant is at their home.  There is simply no way to tell which files will be selected for video … Read the rest


Mar 11 2009

“Physician Peer Reviews” Lead to Wrongful Denial of Disability Claims


Originally uploaded by brownstock

“Peer Reviews” Lead to Wrongful Denial of Disability Claims

A peer review is NOT the same as a second opinion or independent medical exam (IME). Essentially, a peer review is a tool used by the insurance company to review your Dr’s medical records.

Peer reviews are problematic because of the type of information that the insurance … Read the rest