We often are retained once a claim has been denied. All too often, the denial is based on a breakdown in communication between the patient’s doctors and the administrator evaluating the claim because the nature and extent of a patient’s disability is not communicated clearly by the claimant’s treating physicians…
Many of our clients suffer from Chronic fatigue syndrome. Several years ago, the Centers for Disease Control and Prevention issued some protocols for establishing that a patient has the condition. Nevertheless insurance companies regularly deny disability claims based on CFS, often using the excuse that there is “no objective evidence”…
A recent article in the Wall Street Journal reports that “loopholes in a federal law intended to protect worker benefits” make it easy for insurers to make erroneous arguments with near impunity. On March 11, 2010, “Death of a loved one can be beginning of hard fight with life insurer”provided…
A Congressional investigation released last month found that the four largest U.S. for-profit health insurers denied policies to one in every seven applicants based on prior medical history. The Wall Street Journal reported the companies – Aetna, Inc., Humana, Inc., UnitedHealth Group, Inc., and WellPoint, Inc. – denied coverage to…
When a disabled employee is denied benefits by an insurance company, Federal Regulations, ERISA law requires that they submit a “mandatory” appeal of that denial to the insurance company. The insurance company will typically review the appeal and decide whether to reverse or uphold their decision. Only after the appeal…
Just recently, Bonny G. Rafel was successful in an appeal for a New Jersey woman who suffers from multiple conditions primarily associated with Crohn’s Disease and the treatment necessary to treat this serious condition. MetLife Insurance Company denied her claim for Crohn’s Disease. We knew that in order to succeed…
Recently, I met with a 59 year-old medical professional who had been battling a degenerative muscular disease and was contemplating filing for disability benefits after years of battling through pain and limitations on the job. Despite the fact that his condition left him constantly having to send clients out to…
Disabled consumers filing bankruptcy face a dilemma; they need to continue to receive their disability benefits, but are legally obligated to disclose all “assets” on the bankruptcy petition. Consumers should note that by acknowledging this asset to the Bankruptcy court, the trustee in bankruptcy may be able to preserve this…
On September 28, 2010 the United States Senate Finance Committee held a full committee hearing titled, “Do Private Long-Term Disability Policies Provide the Protection They Promise?” The Hearing featured testimony from Chicago-based attorney Mark DeBofsky, a disability law expert, as well as The Honorable William M. Acker, Jr., Senior United…
Rebecca from Newark, DE sent me this kind note and asked that I post it in our blog. July 7, 2010 I could not find a lawyer in Delaware to take my case for short term disability, although they would take it for Social Security and long term disability. I…