In December 2012, we posted a blog regarding laws protecting Long Term Care Insurance consumers. Long Term Care is becoming an increasingly important area of focus as our population ages. However, the data inescapably indicates that LTCI is far more of a women’s issue than a men’s issue. The New…
New Jersey Disability Lawyer Blog
Court Finds Risk of Relapse Can Be Disabling Condition
The issue of whether a claimant with a relapsing and remitting condition is entitled to benefits arises fairly frequently in the disability context. Insurance companies often justify a denial of benefits on the fact that a claimant is in remission, or on the fact that a claimant’s variable symptoms have…
Social Security Ruling May Help Fibromyalgia Patients with Disability Insurance Claims
Fibromyalgia remains an enigmatic condition, as its symptoms are entirely self-reported and there is no objective testing that can confirm the presence of the disease. See MD Guidelines. This often makes it extremely difficult for claimants with fibromyalgia to get their disability carriers to pay their claims. Fortunately, the Social…
Reimbursement Clauses in Insurance Contracts are Challenged
On November 27, 2012, the Supreme Court of the United States heard oral argument in the matter of U.S. Airways, Inc. v. McCutchen. The question is simple — can an insurer require an ERISA beneficiary to reimburse it for health coverage payments made if the individual recovers money from the…
Early Detection of Alzheimer’s May Help Diagnose and Treat the Disease
According to the National Institute on Aging and Alzheimer’s, early identification of Alzheimer’s may lead to earlier medical treatment. This is due in part to two things: 1) medical advances allowing a better understanding of cognitive decline due to age versus Alzheimer’s and 2) new criteria from expert panels of…
DSMV: Will It Impact Your Disability Benefits?
The American Psychiatric Association has recently approved the Fifth Edition of the Diagnostic and Statistical Manual of Mental Disorders, or DSMV. The New York Times reports that after an extensive debate, the Association compiled a manual that provides new criteria for addressing some of the most common and controversial mental…
Massachusetts Passes New Law to Protect Long Term Care Insurance Consumers
With the American population aging and the future of the already-limited Medicare and Medicaid programs uncertain, private Long Term Care Insurance may be the best remedy for ensuring that elderly and chronically ill citizens receive suitable care to fit their medical and quality-of-life needs. However, the cost of LTCI remains…
Electronic Medical Records- Friend or Foe?
The government has implemented a mandatory program to shift the health industry into the digital age. The Health Information Technology for Economic and Clinical Health Act enacted under Title XIII of the American Recovery and Reinvestment Act of 2009, provides incentives to physician practices and hospitals. But for those who…
Disability Due to Breast Cancer – New Treatment Options
Breast cancer strikes far too many women every year. However, new research has identified four different types of breast cancer, leading researchers to investigate how treatments may be specifically geared toward each type of cancer to make therapy more effective. Women become unable to work during cancer treatment including chemotherapy,…
Chronic Fatigue Syndrome is a Serious Condition
Chronic Fatigue Syndrome (CFS) is a serious medical condition that affects an estimated one million Americans. CFS can be a disabling condition that prevents you from working. CFS is not easily diagnosed as there are no objective tests such as blood tests or scans that can detect CFS. The Center…