As an ERISA attorney that has practiced for many years and represented plaintiffs in practically every state across the country and who has associated with attorneys nationwide, I have a lot of experience in how terrifying ERISA can be for both plaintiffs and attorneys who don’t practice in the area.  ERISA is a complex regulatory ...

A recent large study has revealed that 1 in 3 Covid-19 survivors have suffered symptoms 3 to 6 months after being infected.  Symptoms include breathing problems, abdominal symptoms such as abdominal pain, change of bowel habit and diarrhea, fatigue, pain, anxiety, and depression.  The study, completed by the University of Oxford, the National Institute for ...

It has been reported in the last several months of increasing post traumatic stress disorder (PTSD) and burnout among medical providers due to the effects of dealing with the Covid-19 pandemic.  Before the pandemic, 16% of emergency physicians self-reported symptoms of PTSD. (Prevalence of Post-Traumatic Stress Disorder in Emergency Physicians in the United States) Reported in ...

In May of this year, the Department of Labor issued an order suspending ERISA appeal deadlines due to Coronavirus/COVID-19.  The order is continuing until 60 days after either the Federal Government ends the state of emergency or the Department of Labor retracts its order.  How will this effect your long term disability claim?  On one ...

One of the most difficult and complicated areas of ERISA law is a reversing a disability denial based upon a pre-existing condition exclusion. These types of exclusions are found in most every disability policy, and they contain language that states benefits will not be payable for pre-existing conditions that are the cause of a claimant’s ...

We’ve previously discussed on here multiple times the dangers and risks of using social media or having an on-line presence.  However, in these modern times, it is very hard not to have some type of on-line presence.  The Social Security Administration is currently looking into the possibility of monitoring disabled individuals’ social media.  The outcry ...

I am writing this blog to follow up on my previous blog on social media and short term/long term disability claims.    Another insurance company tactic that all short term/long term disability claimants should be aware of is surveillance.  Insurance companies can and do hire outside investigators to perform surveillance on claimants.  Insurance companies also very ...

I had a professor in law school that would frequently use that quote when describing various components of the legal process. As unfortunate as it may be sometimes, it often rings true.  We live in a fast-paced society that is only getting faster. Between two-day, online delivery and lightning-quick smartphones, consumers want, and expect, everything ...

A frequent issue that arises at the onset of ERISA claims is the ability of a client to get a statement from his or her treating physician to be used in support of the claim of disability. Getting a statement from your own doctor is a crucial step in the process. Moreover, the language in ...