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Category: Long Term Disability / ERISA

Disability Lawyer Volunteers at Long Island MS Society "Meet the Attorney" Night

Wednesday, October 10, 2007

Thanks to Jane Reilly and all those at the Long Island, New York Chapter of the National Multiple Sclerosis Society for inviting me to participate at their annual free "Meet the Attorney" night last week at the Melville headquarters.  I had a private meeting with a lovely woman struggling with MS to discuss both her ERISA long term disability claim with Unum, and her pending Social Security Disability claim.   I advised her NOT to use the "free" representation from GENEX Services to assist her with her Social Security Disability claim, as GENEX operates solely for the benefit of Unum, and therefore has a major conflict of interest […]

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New Test for Chronic Fatigue Syndrome Will Help Long Term Disability Claims

Monday, September 24, 2007

It’s all in your head!  You do not have "objective medical evidence" of a disabling condition!  Your symptoms are "self reported" and not supported by "testing"!  Any chronic fatigue syndrome (CFS) sufferer whose disability claim has been denied by either Social Security or an LTD insurance company has seen these infuriating phrases before.  As reported by Dr. Sanjay Gupta of CNN last week, a new study and test for CFS may put an end to this injustice. Despite ample clinical evidence of disability from treating physicians, many ME/CFS and FM patients and couldn’t get past "objective evidence" roadblock put up by ERISA […]

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Long Term Disability Attorneys Fight to Ban Unfair Insurance Contract Clauses in New York

Friday, August 24, 2007

Recently, a group of some of New York’s top long term disability insurance lawyers and advocates gathered in Manhattan to sign an important document for the benefit of all employees who are covered for LTD benefits through an ERISA plan sponsored by their employer.  This letter to the NY Insurance Superintendent Eric Dinallo requested that unfair "discretionary clauses" in insurance contracts be banned in New York, as they have been recently in New Jersey and California.  As previously reported in this blog, this follows the prior attempts to ban discretionary clauses under the Pataki administration.  To date, it is unknown what the Spitzer administration’s position will be on […]

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Tips to Win Your Social Security Disability Claim in New York

Thursday, August 9, 2007

Did you know that over 60% of all initial Social Security Disability claims filed without a lawyer are denied? Did you know that the Social Security Disability appeals process can now take up to two years?  In New York, the current backlog of disability cases awaiting a hearing before an Administrative Law Judge is over 52,000 – one of the worst in the nation!  However, there are several things you can do to avoid this intimidating bottleneck: Have a heart-to-heart talk with your treating doctor.  Ask him directly if he is willing to support your disability claim in writing. Without the proper […]

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New York Disability Attorneys Support Multiple Sclerosis Society

Tuesday, July 24, 2007

Turley Redmond & Rosasco partner Chris Redmond has a long record of helping raise money to battle Multiple Sclerosis.  This year, the firm was pleased to help fight Multiple Sclerosis by sponsoring an individual bike rider in his local MS Bike fundraiser on July 21st in Pennsylvania.   Our law firm helped sponsor Chris Carson, brother of Linda Rosasco and brother-in-law of LTD Claim Division  partner .  Chris rode with the Peters & Wasilefski law firm team.   So far, the team has raised over $1,800.00! Chris is one of those real good guys this world needs more of.  Thanks Chris! I just met Anne Davis, Esq. […]

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Long Term Care Insurance Claims: LTD Denial Redux?

Wednesday, July 18, 2007

I was on vacation recently where the only newspaper in town was USA Today. While it is not on my normal daily reading  list, it had a disturbing article on long term care insurance denials.  This article reinforces the findings of a New York Times article last March detailing the abuses of long term care insurance companies like Conseco, John Hancock, Bankers Life and Penn Treaty. Quoting from the article, "delays, premium increases and denials of payment make the enormous investment in long-term care policies all but worthless".  The article then goes on to relate some long term care insurance denial horror stories.  When Paula […]

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Big Win for New York ERISA Disability Claim Denial Lawyer regarding Pre-existing Conditions

Tuesday, July 3, 2007

Congratulations to my friend and fellow long term disability attorney Eve-Lynn Gisonni on her significant victory at the New York State Court of Appeals in Benesowitz v. MetLife.  This decision is a great victory for long term disability claimants who are denied benefits due to a "pre-existing condition clause" in their employer’s LTD Summary Plan Description.  Credit is also due to Eric Dinallo, Governor Spitzer’s new Superintendent of Insurance, who supported Eve-Lynn’s position in an Amicus brief to the Court. In Benesowitz, the Court ruled that claimants who apply for long term disability benefits in part due to a preexisting condition which was present at the time disability […]

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MetLife to Take Over Unum Long Term Disability Claims?

Thursday, June 21, 2007

That’s the rumor in the latest business press.  Having just digested the giant Travelers Insurance, MetLife is apparently on the prowl for its next corporate meal, and Unum Group might be ripe for swallowing.   But what impact would such a acquisition have on individuals claiming long term disability benefits from the "new undisputed disability insurance king"?  Probably not much. As it stands now, neither MetLife nor Unum Group are great claims payers.  In the last month, I’ve had employees of these companies come to my office for representation because their own employers unfairly denied their ERISA disability claims.  If this is how MetLife treats its own employees, can you […]

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