Category: Uncategorized

When reviewed by the District Court, the ERISA disability denial is often — but not always — subject to the “de novo” standard of review rather than the “discretionary” standard of review. Under the “discretionary” standard of review (also known as the “abuse of discretion” standard of review, the District Court must defer to the […]

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 insurance company is especially likely to assert this “self-report” defense where the claimant suffers from a condition like chronic fatigue syndrome or fibromyalgia that rarely, if ever, produces any “objective findings” on […]