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 ...
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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.
Bennett Cohen
Courts Accept That “Objective Evidence” Is Not Required To Prove Disability Due To Fibromyalgia
Many insurance companies insist that a person suffering from fibromyalgia must provide “objective evidence” of disability in order to qualify for disability benefits. A number
Bennett Cohen
An Insurance Company May Not Raise New Defenses In The Litigation That It Did Not State In Its Denial Letters
When an insurance company denies a claim, it will purport to state the reasons on which it bases its denial. The insurance company’s reasons are
Bennett Cohen
An Insurer’s Mere Mention Of Evidence Contrary To Its Denial Does Not Mean It Considered It
When an insurance company denies a claim, it will often summarize in its denial letter the evidence cited by the insured in support of the
Bennett Cohen
An ERISA Insurer Or ERISA Plan Must Sufficiently Explain Its Denial
When an insurance company or ERISA plan denies your disability claim, it often leaves you with more questions than answers. You will likely receive a
