The New York Times Magazine recently published a thought-provoking article in its health issue called, “How Do You Heal a Traumatized Mind? A Revolutionary Approach to Treating PTSD.” While most trauma therapists swear by the two most clinically approved and widely employed techniques in treating Post Traumatic Stress Disorder (PTSD),…
The law on marijuana use is rapidly changing nationwide. To date, 23 states have legalized some medicinal use of marijuana, with legislation pending in three additional states. Most notably, 2012 ballot initiatives in Colorado and Oregon legalized recreational marijuana use. Further, additional jurisdictions have decriminalized marijuana, and some prosecutors, such…
Following the U.S. Supreme Court’s Decision in Heimeshoff, Lawyers are being extra-careful in determining the deadline for filing a lawsuit in court to protect a clients’ rights. Unfortunately, the insurers do not believe they are responsible to advise their insured if a deadline is approaching. A recent example of the…
If you are one of the millions of people suffering from Parkinson’s disease and debilitating conditions like it, you may have considered going on disability. Both the physical and mental symptoms, including loss of body control, stiffness, tremors, depression, and thinking problems can take a toll on a patient’s daily…
We are often faced with dealing with a claim administrator who services a self-insured plan. A recently published case highlights the issues that arise and is useful precedent for the cases we handle for our New Jersey disability clients. In this case, May v. AT&T, AT&T retained Sedgwick to perform…
Recently the District Court of Pennsylvania issued an important decision regarding a disability claim based on psychiatric illness.
The U.S. Supreme Court recently determined that a plan may contract to a particular limitations period even one that starts to run before the cause of action accrues as long as the period is “reasonable”. The Hartford plan provided that its three-year limitations period ran from the time that proof…
Rochow v. LINA 2013 FED APP. 0338P(6th Cir 2013). In a groundbreaking decision, the 6th Circuit awarded the Rochow’s estate both disability benefits due plus equitable relief under 502(a)(3). Rochow had been due the benefits since 2002, but had been tied up in legal battles with LINA (a subsidiary of…
Often times, we are approached by clients who are denied disability claims because of mental health issues (i.e., posttraumatic stress disorder, social anxiety, or major depressive disorder). The main reason why these clients are denied disability is because mental illnesses are hard to prove, and it is even harder to…
We are often faced with assisting a disabled client who has been denied benefits from Cigna, Prudential, Aetna, Hartford or Unum based on a brief video surveillance of their daily activities. Our clients ask us, how can a company justify a denial on the flimsy basis that they saw me…