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

Long Term Disability Insurance – “your job” vs. “your occupation” – understand the difference:

THE VOCATIONAL SIDE OF LONG-TERM DISABILITY

            Frequently, long-term disability contracts provide us with definitions for disabling conditions.  These definitions embrace the idea that your illness or disability affects your ability to perform “your job.”  Occasionally, policies also refer to “your occupation.”  These terms do not mean … Read the rest

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

McDonald & McDonald Wins Long Term Disability case in Federal Court for Disabled Client!

See Spina v. CVS Long Term Disability et al

In 2011 the United States District Court for the Southern District of Ohio ruled in favor of our client, who suffers from dumping syndrome.  After having stomach cancer and the removal of a significant portion of … Read the rest