A Kentucky federal court recently ruled that a class plaintiff may not defeat removal by understating the aggregate amount in controversy alleged in her complaint....more
It is common knowledge that applying for Social Security Disability is not an easy process. Any kind of mistake made on the application or missing information can lead to a denial and a lengthy appeal. Currently less than...more
If Congress doesn't act, the trust fund that provides a significant portion of federal Social Security Disability Insurance (SSDI) benefits will run dry in 2016, according to testimony at a recent hearing of the Senate...more
In Tobeler v. Colvin, 2014 DJDAR 4845 (2014), the United States Court of Appeal for the Ninth Circuit overturned the trial court’s decision rejecting a claim for attorney fees.
You already know that plans that contain “discretionary language” should enjoy a more deferential review by the trial court.
But when the plan administrator decides and funds the benefit decision, courts view this as a...more
Do you have a friend or loved one who receives Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and is unable to manage her payments? If so, you can request that the Social Security...more
I asked attorney Gerald Welt, Esq., if he would provide me with a guest blog post on how workers' compensation interacts with the receipt of Social Security Disability benefits, and his office sent me the following general...more
You already know that a Social Security disability (SSDI) decision should be considered in the context of deciding whether the claimant is disabled under the terms of the disability policy....more
As 2014 begins, it is important to note the developments in New Jersey law over the past year that may affect product liability litigation. Two of the more interesting decisions rendered during the past year are Town of...more
A New Jersey Appellate Division Court holds that the plaintiffs were precluded from utilizing a Social Security Administration disability determination in a personal injury action. ...more
If you are disabled and unable to work, understanding the programs available to assist you is important. Two of the largest federal programs are Social Security Disability Insurance and Supplemental Security Income (SSI)....more
Our firm is focused on relieving the hardship experienced by our clients either through experienced representation in personal injury matters or by helping you apply for needed workers’ compensation or Social Security...more
In This Issue:
- Supreme Court Update: Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent,Equitable Doctrines May Fill The Gaps:
US Airways, Inc. v. McCutchen, 569 U.S. ___ (2013).
The claimant seeking long term disability benefits under your ERISA Plan was found to be disabled by the Social Security Administration....more
Yesterday, Jordan Weissman’s excellent article, “Disability Insurance: America’s $124 Billion Secret Welfare Program,” published March 25, 2013 in The Atlantic, explains how the number of former workers enrolled in Social...more
If you or a child in your custody suffers from a severe psychological condition, you may qualify for Social Security Disability benefits (SSD) from the federal government. Both adults and children are eligible to apply, but...more
To increase your odds of being approved for Social Security Disability benefits, you should make sure that you provide as much relevant information as possible. The more information you can give, the more likely you are to be...more
Social Security Disability (SSD) is a government benefit program that may be available to American citizens who can no longer work due to permanent physical or emotional disability. At a minimum, you must meet the following...more
When accidents cause injuries that leave you seriously disabled, you may be unable to return to your full-time job for an extended period of time, perhaps even for the rest of your life. Suddenly, the safe secure world you...more
Most people see Social Security as a program they pay into while working so that once retired, they will receive the benefits back in the form of a monthly check. However, what happens when a disabled worker dies, leaving...more
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