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Category: Long Term Disability / ERISA

Merry Christmas and Happy New Year 2011 from New York Disability Lawyers

Friday, December 24, 2010

For the attorneys at Turley, Redmond and Rosasco, this is what Christmas time is all about. In that spirit, we wish you and your families a very Merry Christmas and a Healthy New Year! May no injuries or disabilities visit your doorstep in 2011. For those struggling with injury or illness already, may 2011 bring you the a quick and complete recovery.

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Rosasco Attends NOSSCR Disability Lawyer Conference in New Orleans

Wednesday, May 12, 2010

  Today is the first day of the NOSSCR Social Security  Disability Lawyer conference in “The Big Easy”, as this fun loving city is affectionately known. Some of the best Social Security disability lawyers  from around the country will be in attendance, including my good friend and current NOSSCR President Larry Wittenberg.  While I was a presenter on ERISA Long Term Disability claims at the last NOSSCR conference, I am taking a break this conference so I can learn something new myself!  This time out I plan to sharpen my medical knowledge by attending separate seminars on multiple sclerosis, chronic fatigue syndrome,  fibromyalgia,  lung disease […]

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Disability Attorney Named to Board of Advisors at St. John's University Center for Labor and Employment Law

Tuesday, November 10, 2009

I am looking forward to attending the Inaugural Dinner of the new St. John’s University School of Law Center for Labor and Employment Law at the Williams Club in New York City this Thursday. In attendance will be our Law School’s new Dean, Michael A. Simons.  I am deeply honored to have been asked to become an inaugural member of the Board of Advisors of this prestigious new Labor and Employment Law Center  ,which I am sure will be yet another jewel in the law school’s crown. The Center for Labor and Employment Law would not have been possible without the long-standing support and groundwork of […]

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Montana Wins ERISA Disability Claim Discretionary Clause Appeal – Why Doesn't New York Have Similar Ban?

Thursday, October 29, 2009

"Discretionary Clauses" in ERISA disability insurance policies are the largest cause of unfair ERISA LTD claim denials across the country. They essentially create an uneven playing field in favor of an already powerful insurance company over a disabled claimant. Imagine if the Yankees were forced to play the World Series with only seven players on the field, while the Phillies had the usual nine. That’s how bad discretionary clauses are for disabled claimants.  For this reason, a number of states now ban discretionary clauses in insurance contracts in an effort to simply make the playing field fair for disabled claimants. Montana is one such state. The Standard Insurance Company didn’t like little […]

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Rosasco Lectures Again to Social Security Disability Attorneys on LTD Claims at NOSSCR Conference in San Francisco

Friday, October 2, 2009

I had the pleasure to lecture to Social Security Disability Lawyers this past Spring at the NOSSCR Conference in Washington, DC about "Winning Long Term Disability Claims at the Initial Level". They have invited me back to lecture on the topic of "Winning your First ERISA Long Term Disability Administrative Appeal" at their Fall NOSSCR Conference on October 16, 2009 in San Francisco.  My good friend and colleague Pam Atkins, Esq (former President of NOSSCR) will be co-presenting this seminar which should be chock full of practical advice.   The seminar description is below: There was once a time when only large corporations offered their employees long term disability […]

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New York Long Term Disability Lawyers Get Bad Decision for Claimants from Appeals Court

Thursday, July 9, 2009

NY Long Term Disability Attorneys  have had some pretty good days in the Second Circuit Court of Appeals recently with cases like McCauley v. Unum. Unfortunately, today the winning streak stopped cold with the mind-boggling decision in Burke v. PriceWaterhouseCoopers and Hartford Insurance, (Second Circuit, 7/9/09). This case dealt with the issue of when the Statute of Limitations (S.O.L.) to sue in an ERISA disability claim begins to run.  The S.O.L. is important because failure to sue within the applicable time limits could cause the plaintiff to lose his right to sue in federal court regarding a long term disability claim […]

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NY Independent Medical Examiners (IME's) and Fuctional Capacity Evaluators (FCE's) Subject to Medical Malpractice Lawsuits on Disability Claims

Wednesday, July 1, 2009

How many times has one of your clients told you the IME or FCE physically hurt them during the course of a so called "independent medical exam" or "functional capacity exam"?  What if the injury is permanent?  Can they sue the IME doctor or physical therapist for medical malpractice? According to a sharply divided NY Court of Appeals, the answer is "Yes".  On June 24, 2009, the Court in Bazakos v. Lewis, 209 NY Slip Op 05199, the majority ruled that the claim of the plaintiff was that the doctor “breached his duty "to perform the examination in a manner not to […]

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Congratulations President Obama: Now Please Fix ERISA Disability Claims Law

Tuesday, January 20, 2009

First and foremost, congratulations to our new President – Barack Obama.  His historic election will forever change the way opportunity and entitlement are viewed in the United States.  He has tremendous challenges before him, but with our support and shared sacrifice, perhaps we can right this dangerously leaky ship we call America.  Godspeed, Mr. President. In the midst of this country’s many problems, and on Inauguration Day especially, perhaps it seems a bit parochial to ask the new President to consider fixing the Employee Retirement and Income Security Act (ERISA).  However, since the stated goal of the New York Disability Law Blog is to provide […]

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