News & Analysis as of

Disability Benefits

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024

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Illinois Attorney General Kwame Raoul announced that Illinois has joined an $82.5 million proposed antitrust settlement with Varsity Brands (Varsity). As a result, Illinois consumers who paid to participate in Varsity Brands’...more

Brownstein Hyatt Farber Schreck

VA Budgetary Shortfall Threatens Veteran Benefits

As Congress shifts from negotiating positions on appropriations bills to building a continuing resolution (CR) for the rest of the calendar year, the Department of Veterans’ Affairs (VA) has been left facing a nearly $15...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - September 2024

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This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the...more

Stark & Stark

Understanding Your Rights: Workers’ Compensation in New Jersey

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Navigating the aftermath of a workplace injury can be overwhelming. However, knowing your rights under the New Jersey’s workers’ compensation laws can provide the clarity and confidence needed to ensure you receive the...more

Chartwell Law

Bailey v. S. Lithoplate, Inc.

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Tuesday, the North Carolina Court of Appeals released an unpublished opinion addressing temporary partial disability (“TPD”) benefits and the application of the Russell v. Lowes Prod. Distribution factors, which assist...more

Goldberg Segalla

Counsel Fee Increases From 20% to 25% on New Jersey Workers’ Compensation Cases

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On August 22, 2024, New Jersey increased the available counsel fee for petitioner’s attorneys from 20% to 25%. The increase was signed into law by Acting Governor Nicholas Scutari. The applicable section of the Statute,...more

Proskauer - Proskauer For Good

Proskauer Prevails in London Benefits Matter

A Proskauer London-based team, consisting of partner Paul Tannenbaum and associates Julia Bihary, Shameelah Khan, and Antonia George, were recently successful in a pro bono personal independence payment (“PIP”) appeal case....more

Ward and Smith, P.A.

What Are My Benefits? Decoding a Long-Term Disability Insurance Policy in North Carolina

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To be insured against a loss or some other event, we pay premiums to an insurance company. If a loss or triggering event actually occurs, we expect our insurance company to compensate us according to our insurance policy....more

Husch Blackwell LLP

Colorado's New Employment Laws: What to Know

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The 2024 Colorado legislative session concluded on May 8, 2024. Consistent with last year’s session, the 74th General Assembly ended with a number of new employment-related laws passing. Enacted legislation will enhance...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - August 2024

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This month’s Friday Five explores decisions from around the country discussing differences between the scope of discovery and ability to add documents to the record on a claim for review challenging the denial of LTD...more

Marshall Dennehey

Reporting an Injury via a Petition for Benefits Within 30 Days of the Alleged Accident Does Not Fulfill the Notice Requirement

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Robert Jorden Bressler v. Florida School Board Assn and Hartford Underwriters Ins. Co., No. 1D2022-4145, Apr. 11, 2024 - The claimant, a senior claims adjuster, worked remotely in Orlando and once a quarter went to...more

Harris Beach PLLC

Past Relevant Work Requirements Revised in Disability Evaluations

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The U.S. Social Security Administration is simplifying the disability evaluation it uses for its Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs. The agency will now review...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - July 2024

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This month’s Friday Five explores decisions addressing the burden of proving accidental death, policy language and “any occupation” disability, an interpleader case where the insurer was not dismissed from the case, the...more

Marshall Dennehey

Residual Functional Capacity to Perform Sedentary Work Leads to Denial of Social Security Benefits

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Ferraro v. O’Malley, 2024 WL 920056 - The plaintiff was involved in a motor vehicle accident that caused her to be out of work for six months. While the plaintiff did continue working after her alleged disability onset date,...more

Chambliss, Bahner & Stophel, P.C.

Impairment-Related Work Expenses and Disability Benefits

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are two federal disability benefits programs that provide monetary assistance for people with disabilities. Both programs allow recipients who...more

Weber Gallagher Simpson Stapleton Fires &...

Appellate Court Affirms Judge’s Discretion in Findings of Fact and Credibility

On June 24, 2024, the Superior Court of New Jersey Appellate Division rendered an unpublished decision that reiterated the significant deference given to Workers’ Compensation Judges (WCJ) in their assessment of medical facts...more

Baker Donelson

What the Supreme Court's "Chevron Deference" Ruling Could Mean for Health Care Law

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Baker Donelson recently published Anticipating SCOTUS Ruling on Chevron Deference – What to Know and Five Ways to Prepare explaining the United States Supreme Court's upcoming ruling which is expected to impact the regulatory...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – June 2024

Winkelman v. Sumitomo Rubber USA (3rd Dept. 6/20/24). This Appellate decision affirmed the Board’s finding of no Section 114a violation. Here, the claimant worked as a tire development engineer. He tripped and fell in May...more

McDermott+

McDermottPlus Check-Up: June 21, 2024

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Senate Finance Committee Holds Hearing on Disability Benefits. The hearing discussed ways to improve work incentives for those on Social Security disability programs. Senators and witnesses noted that there are currently...more

McDermott+

Healthcare Preview for the Week of: June 17, 2024

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The House is in recess this week, while the Senate is in today, tomorrow and Thursday. With this being a short work week, there is limited committee activity. However, the Senate Finance Committee is holding a hearing on...more

Adams and Reese LLP

Insurance-Based Paid Family Medical Leave Options for Employers in the “SEC”

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In 2023, legislatures in five “Southeastern Conference” states passed statutes creating options for employers to voluntarily provide paid family and medical leave (PFML) through insurance benefits purchased from the private...more

Mandelbaum Barrett PC

SSI Alert: Free Food No Longer Counted as Income

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What is SSI? SSI is a government program that provides monthly payments to adults and children who have income and resources below specific financial limits and who meet one of the following criteria: They are 65 or older...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - June 2024

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This month’s Friday Five explores recent decisions with issues spanning physician power of attorney to preexisting exclusions and the fiduciary duty of an insurance company....more

Marshall Dennehey

Appellate Division Affirmed Workers’ Compensation Orders Denying Medical Treatment and Finding Lack of Causation.

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Driscoll v. Costco, No. A-2789-21 (Feb. 20, 2024) - The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical and temporary benefits and two other orders denying her motions...more

Marshall Dennehey

Act 111 is Not an Unconstitutional Special Law Regulating Labor, and an IRE Physician’s Evaluation is Competent to Support a...

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Stephen Conrad v. Department of Transportation (WCAB); No. 557 C.D. 2022; filed Feb. 26, 2024; Judge McCullough - The claimant underwent an Impairment Rating Evaluation (IRE) on September 20, 2011, following a July 5, 2005,...more

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