In California, 10.4% of the population have some kind of disability. Some of these disabilities are observable by those around you, such as a condition in which you’d have to use a wheelchair.
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The Law Office of Bennett M. Cohen, P.C
Common Mistakes When Filing a Long-Term Disability Claim
No one in their 20s expects an unfortunate disease or event to keep them from working before reaching retirement. However, one in four of today’s 20-year-olds will face a disabling condition before retirement age that keeps them from working for a year or more, according to statistics. How many are prepared for that possibility?
Bennett M. Cohen
Insurance Companies’ Use of Surveillance to Deny a Claim
The California Department of Insurance regulates the insurance industry in the state. If you suspect your insurance company has been surveilling you while you’re out on a workers’ compensation claim, a disability claim, or even a personal injury (auto accident) claim, you can go to the department’s website and search for “surveillance.”
Bennett M. Cohen
Can Long Haul COVID Be the Basis for a Disability Claim?
Millions of people around the world are COVID long haulers, which means they are experiencing symptoms of the disease many months after having an acute bout of the illness. The Journal of the American Medical Association performed a comprehensive analysis of studies and found that more than half of COVID patients suffer from long-haul symptoms.
Bennett M. Cohen
Insurance Company Tactics for Denying a Long-Term Disability Claim
People with lupus, multiple sclerosis, fibromyalgia, arthritis, spinal stenosis, depression and other serious conditions often work with serious challenges that many people do not understand. Despite engaging in a heroic struggle to remain on the job, a person afflicted with such a condition may reach a point where he or she can simply no longer work full time or work ...
Bennett M. Cohen
Bad Faith Tactics of Disability Insurance Companies
An unexpected illness or injury can befall anyone. Whether you are a physician, osteopath, attorney, architect, scientist, accountant, a manager, supervisor or other employee of a city, county, or state, or you pursue any other type of occupation, you may one day find yourself to be disabled.
Bennett M. Cohen
An Insurance Company Cannot Properly Deny A Claim It Says Is Based Solely On “Self-Reports”
An insurance company will often deny a claim for total disability on the ground that is based solely on the claimant’s “self-reports.”
Bennett M. Cohen
The “De Novo” Standard Of Review In An ERISA Case
Under the “discretionary” standard of review (also known as the “abuse of discretion” standard of review, the District Court must defer to the insurance company’s denial if it has a strand of reasonableness.
Bennett M. Cohen
The “De Novo” Standard Of Review In An ERISA Case
A quick explanation of the "de novo" standard of review for an ERISA case, and how it differs from the "arbitrary and capricious" standard of review
Bennett M. Cohen
The Collateral Source Rule
The fact that you have received payments from a collateral source, such as medical insurance payments, does not reduce the amount of damages you can claim against the wrongdoer.
