LTD Appeals

Five Top Reasons for Long-Term Disability Denials

You have suffered injuries or developed a serious medical condition that makes you unable to work. Fortunately, your employer sponsors a long-term disability plan. You have paid your premiums every month, as they were dutifully taken from your paychecks. So, you do what anyone would do: You call and file your claim. For most applicants,…

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New Research Offers Potential Hope for Lupus Sufferers

For patients who suffer from lupus, their immune cells attack the body’s own tissue and organs as if they are enemy invaders. There are many kinds of lupus, but the most common and severe kind is systemic lupus erythematosus (SLE). SLE most often harms the heart, joints, skin, lungs, blood vessels, liver, kidneys and nervous…

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When Fibromyalgia Changes Your World

For many people, dealing with chronic pain is a way of life and it often leads to secondary issues like depression and anxiety. Diagnoses like fibromyalgia are difficult to understand and even harder to treat. Fibromyalgia is a medical condition characterized by chronic widespread pain and a heightened pain response to pressure. Other symptoms include…

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Lyme Disease Can Lead to Long-term Disability

You have a great time hiking in the woods or even working in your own backyard, but it isn’t until later that you realize you have a tick on you. You pluck the tick off and go about your business, not realizing that what has been left behind could make you very sick. Lyme disease…

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Eleventh Circuit reaffirms statute of limitations will bar an ERISA claim if plaintiff does not act to recover benefits.

In Witt v. Metropolitan Life, decided November 25, 2014, the Eleventh Circuit had to apply a statute of limitations defense to the following facts: “But what happens when the defendant says it issued a formal denial letter and the plaintiff says he never received the letter, but it is undisputed the defendant terminated benefits and…

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Second Circuit Awards Prevailing Plaintiff Attorneys fees in ERISA Lawsuit

One of the difficulties in prosecuting an ERISA governed claim is the deference the administrator has in making benefits determinations.  Accordingly, even when a Plaintiff prevails on a claim, courts have been unwilling to award the plaintiff attorneys fees. Recently, on March 11, 2014, the Second Circuit in Donachie v. Liberty Life Assurance Co. affirmed…

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ERISA Preemption & Welfare Benefit Plans

ERISA preemption also applies to the Regulatory side of Welfare Benefit Plans. We typically write about court decisions affecting a claimant’s right to disability benefits under an ERISA governed LTD plan and have expressed our dismay at the broad reach of ERISA preemption as it applies to those types of claims. The recent case of…

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In ERISA Claims, the Support of a Treating Physician Can Be Critical

Having the support of a treating Physician can be Critical for an insured’s’ ability to receive Disability benefits.  We often write how ERISA often provides a claims administrator with much discretion when it comes to approving or denying benefit claims.  The recent case from the Sixth Circuit, styled McClain v. Eaton Corp. Disability Plan, decided…

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