Feb
27
2013
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
no comments | tags: Albany, Chicago, Cincinnati, Cleveland, Columbus, dayton, disability advice, disability attorneys, disability denial, disability lawyer, disability lawyers, Eastern District of Missouri, ERISA, ERISA lawyers, Green Bay Wisconsin, Indianapolis, Knoxville, Lexington, Long Term Disability, Long Term Disability Denial, Louisville, Madison Wisconsin, Mid-Atlantic states, Midwest states, Philadelphia, Pittsburgh, Seventh Circuit, Sixth Circuit, Southern states, Springfield Illinois, St. Louis, Syracuse, Third Circuit, United States District Court | posted in ERISA, Long Term Disability
Feb
5
2013
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
no comments | tags: 502(a) Litigation Attorney, 502(a) of ERISA, administrative appeal, administrative remedies, appeal, arbitrary and capricious, Disability, disability advice, disability attorneys, disability denial, Employee Retirement Income Security Act, ERISA, ERISA 502(a), erisa blog, ERISA lawyers, exhaustion of administrative remedies, Exhaustion of remedies, Insurance, Judge, law firm, Lawsuit, Long Term Disability, Long Term Disability Denial, reinstatement of benefits, successfully litigate, well documented appeal, wrongful disability denial | posted in ERISA, Long Term Disability
May
24
2012
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
no comments | tags: 502(a) of ERISA, administrative appeal, appeal, claim denial, Disability, disability attorneys, disability denial, disabled employee, ERISA, ERISA 502(a), ERISA lawyers, exhaustion of administrative remedies, Exhaustion of remedies, Lawsuit, Long Term Disability Denial, Long Term Disability plan, Principal Financial, timeliness of the Plaintiff’s Complaint, United States District Court | posted in ERISA, Long Term Disability
Oct
28
2011
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
2 comments | tags: attorney, disability advice, disability attorneys, disability carrier, disability denial, ERISA, erisa blog, ERISA lawyers, Functional Capacity Evaluation, IME, Independent Medical Examination, insurance claim denial blog, Insurance Denial, Long Term Disability, Long Term Disability Denial, surveillance, vocational expert, working capacity | posted in ERISA, Insurance Denial, Long Term Disability
Mar
11
2009
“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
4 comments | tags: Add new tag, disability denial, disabled workers, low quality evidence, misrepresention of doctor summary, peer review, peer reviewing physician, peer-to-peer consultation, violates HIPAA, wrongful disability denial | posted in ERISA, Insurance Denial, Long Term Disability, Peer Reviews