Disability Benefits

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Bernstein Shur Business and Commercial Litigation Newsletter #53

We are pleased to present the 53rd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases regarding compelled turnover of Facebook data, a revived securities class...more

Expect Focus - ONLINE HEALTH CARE: NOT SO FAST Telemedicine Hits A Few Speed Bumps, Volume II, Spring 2015

In This Issue: - IN THE SPOTLIGHT • Risky Business: Common Cyber Security Risks, Expensive Consequences - LIFE INSURANCE • Ninth Circuit Finds Bonus Indexed Annuity Delivers Exactly...more

Sixth Circuit Holds No Disgorgement of Profits Based on Wrongfully Denied ERISA Disability Benefits

The Sixth Circuit Court of Appeals, sitting en banc, recently decided a closely-watched case regarding the scope of "other appropriate equitable relief" under ERISA Section 502(a)(3). In Rochow v. LINA, the court held that...more

ERISA 11th Circuit: Claimant Has “Duty to Investigate” When Asserting Equitable Tolling of a Contractual Limitations Provision

You already know that contractual limitations provisions in ERISA plans are generally enforceable and can bar untimely claims. But when does the court apply “equitable tolling” to extend the time by which a claimant may...more

How Do Impairment-Related Work Expenses Affect My Federal Disability Benefits?

Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) are the two primary federal disability benefits that provide monetary assistance for people with special needs. Both programs allow working...more

Ninth Circuit Extends ERISA Deadline, Revives Untimely Appeal

Last week, the Ninth Circuit Court of Appeals issued its opinion in LeGras v. AETNA Life Insurance Company, No. 12-56541 (May 28, 2015), holding that the 180-day period to appeal a denial of a long-term disability claim was...more

Standard of Review is Important – Again

I recently blogged about the importance the standard of review can make when a court decides whether a claims decision made under an employer plan will be upheld. My recent blog post dealt with the standard of review under a...more

ERISA (9th Cir.) A Day Late, But Not A Dollar Short — Counting The 180 Day Appeal Period Gets Easier For Claimants

You know that under ERISA regulations a claimant has at least 180 days to appeal a benefit denial. ERISA plans set out contractual timelines for appeals. But what happens when that 180 day period runs out on a weekend?...more

Merkens v. Federal - Injured Worker Who Failed To Challenge Termination Of Workers’ Comp Benefits In Industrial Commission Cannot...

The court of appeals affirmed. A workers’ compensation carrier can commit the tort of bad faith in two ways: (1) the intentional and unreasonable denial of a claim (“bad faith denial of benefits”); or (2) the intentional and...more

Language barriers may increase approval for SSD benefits

Limited English use can severely limit job opportunities, especially for people who suffer from debilitating conditions. Fortunately, as any Oak Lawn disability lawyer could attest, English use is weighed during Social...more

ERISA Participant’s Supplemental Submission Doesn’t Restart Exhaustion Clock

A federal district court in New Jersey held that supplemental documentation submitted by a participant in connection with the claims review process did not restart the clock for a claims administrator to decide the...more

Should I Attend a PPD When I Need More Treatment?

I will be posting one of my readers’ questions regarding permanent partial disability awards each month for all my readers with my response. Here’s this month’s question: Q: I think I need more treatment, but the...more

Employment Law Letter - Spring 2015

In this Issue: - Is a Volunteer an Employee For Discrimination Law Purposes? - Don’t Use “Just Cause” Except In Union Contracts - Are Courts Getting Tough On Disability Claims? - Legal Briefs and...more

RMF Litigators Obtain Reversal Of Denial Of Long-Term Disability Benefits

When a private insurance company denies a claim for long-term disability benefits, one appeals that decision through that same insurance company’s appeal process. This does not bode particularly well for the appealing...more

Illinois workers’ compensation reforms lead to lower medical payouts

More than 155,600 Illinois residents were injured on the job during 2013, according to the U.S. Bureau of Labor Statistics. Many of these people required significant medical care during the weeks and months following the...more

When does Social Security determine a condition to be disabling?

Social Security Disability benefits provide support to people who cannot work because they suffer from disabling conditions. However, as Berwyn Social Security lawyers know, qualifying for benefits can be challenging even for...more

How to get SSD for early onset Alzheimer’s

Alzheimer’s is classified as early onset when it develops before the age of 65. This neurological condition can have various detrimental effects on short-term memory, communication skills, reasoning and behavior....more

Getting SSD benefits for asbestos exposure

Asbestos is a set of minerals that occur naturally in the form of fiber bundles. Today, asbestos is recognized as a health hazard and closely regulated. However, asbestos has been used in various products, and as Social...more

3 real world examples of pregnancy challenges in the workplace

Question 1: After recovery from child birth, if an employer provides an additional four weeks of leave time (paid or unpaid) for a female employee for parenting or bonding time with the child, must the employer treat...more

What are the 5 mental effects of Parkinson’s?

Parkinson’s disease is a progressive nervous system disorder that affects movement. This disorder occurs due to the loss of nerve cells and the neurotransmitter dopamine. The physical symptoms of Parkinson’s, which include...more

SSD provides assistance to stroke victims

A stroke occurs when blood flow to the brain is disrupted or when blood vessels hemorrhage, causing brain cell damage. About 795,000 people suffer a stroke each year in the U.S., according to the Centers for Disease Control...more

Can a Person Who Receives Disability Benefits Own a Car?

The short answer is yes. Although many disability benefit programs like Supplemental Security Income (SSI) and Medicaid impose resource limits on beneficiaries, a beneficiary's household is allowed to own one vehicle of any...more

Injured Workers’ Opinions Needed NOW!!

As you know, I have been working with a group of dedicated workers’ comp attorneys to try to defeat some nasty bills that would significantly cut your benefits. Specifically, Assembly Bill 229 would require that rating...more

Is fibromyalgia eligible for SSD benefits?

Fibromyalgia is a disorder that causes various debilitating symptoms, including muscle pain, joint aches and fatigue. Fibromyalgia has no known cure and can be highly disabling, as any disability lawyer in Chicago...more

How does Social Security assess your physical residual functional capacity?

Physical residual functional capacity is a measure of a person’s functional abilities. The Social Security Administration considers RFC when evaluating claims involving medical conditions that are not automatically recognized...more

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