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.
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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.”
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.
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
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.
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
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
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
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
Recovering Attorneys Fees Where Your Public Interest Lawsuit Has Limited Success
Under California law, a private citizen can bring a lawsuit specifically intended to address the ills or injustices in society. Recognizing that such lawsuits are