In an ERISA disability case, an insurance company cannot deny a claim without any explanations. Instead, under 29 U.S.C. §1133, it has to provide written notice of the “specific reasons” for the denial, and it must allow a “full and fair review” of any denial, i.e., an administrative appeal. An…
The definition of “total disability” is among the most important definitions in a disability policy and, consequently, in disability lawsuits. It is also one of the most confusing. For example, can you recover disability benefits for total disability if you can still perform some aspects of your job? In a…
If you’re making a disability insurance claim, the type of plan you have may matter more than any other fact in your case. Consider, for example, two plaintiffs who have the same occupation and suffer from the exact same disability, only Plaintiff “A” has an employer-provided plan governed by the…