In a February 20, 2010, press release, researchers at UT Southwestern Medical Center announced that their review of published, peer reviewed literature, documents that depression may lead to cognitive impairment. Their research reviewed 35 studies that were published between 1991 and 2007 that investigated links between depression severity in patients…
Insurance companies are more and more using the internet to their advantage. Be careful if you are posting on the internet especially if you have provided your email address to the insurance company providing disability benefits to you. Your activity can easily be tracked on the internet- regarding your shopping,…
Oftentimes, we learn the most from others that have shared our experiences. In this setting, people that are disabled, seek out counsel, but obviously have never had to consult with an attorney who concentrates in disability law. There is a need for disabled people to communicate with each other when…
The recent Good Morning America November 11, 2009 expose on Hartford’s abusive use of video surveillance of its disabled policyholders is just a sample of the rampant use of video as a way to trap insureds and deny claims. Chris Cuomo reported that Jack Whitten, who suffers from a broken…
In the third of recent decisions in New Jersey District Court regarding Long Term Disability claims, “Dunn v. Reed Group, Inc and Johnson & Johnson” 2009 U.S.Dist. LEXIS 78857 (D.N.J. Sept. 2, 2009), the Court noted that deference should be given in the “lions share” of ERISA claims and that…
The second case, Kao v. Aetna and Towers Perrin Forster & Crosby, Inc. 2009 U.S.Dist LEXIS 75181 (D.N.J.August 25, 2009) involves a 59 year old woman disabled by the after affects of breast cancer. Her disability involved her cognitive problems which are caused by the chemotherapy, fatigue and arthralgias related…
Three recent New Jersey District Court Decisions threaten to undo years of progress in the growing body of law pertaining to long term disability cases in New Jersey. In the aftermath of MetLife v. Glenn, 128 S.Ct. 2343 (2008), we expected that more, not less judicial scrutiny of the acts…
In this New Jersey disability claim based on a back condition including disc herniations, the Court affirmed the District Court’s opinion and outlines some important pointers to keep in mind when proving in an ERISA case that the insurer’s procedural irregularities require the denial to be overturned. The Court faulted…
The New Jersey Supreme Court recently issued a disappointing decision in Shore Orthopedic Group, LLC v. The Equitable Life Assurance Society of the United States, 972 A. 2d 381 (NJ 2009) with regard to the payment of counsel fees in insurance disputes. Shore Orthopedic had purchased a disability policy to…
Ms. Rafel recently won an administrative appeal filed on behalf of her client suffering from Parkinson’s Disease. Prudential Insurance Company had denied benefits claiming that there was no proof that the physical symptoms were so disabling as to render him unable to work as a retail stock broker. Prudential relied…