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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 Law Permits 9/11 Ground Zero Workers to Sue NYC according to Lawyer Rosasco

Wednesday, September 30, 2009

Great legal news for injured and ill 9/11 rescue and recovery workers!  In an article published in Newsday today, Governor David Paterson has just signed a new law effective September 16, 2009 allowing workers who missed lawsuit filing deadlines to sue New York City for negligence for telling workers that the air at Ground Zero was safe, when in fact it was deadly soup of toxins. Any sick 9/11 Ground Zero worker who had a prior claim dismissed or who never filed a claim in the first place should contact our office immediately at 1-877-NY-DBLAW (1-877-693-2529) to discuss a new lawsuit. These […]

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Rosasco to Lecture on Workers’ Compensation & Disability Law to State Bar Association

Monday, September 21, 2009

I will be travelling to Albany this Friday to present a lecture to the New York State Injured Workers’ Bar Association (IWBA) entitled “The Interplay between Long Term Disability Claims, Social Security Disability Claims and Workers’ Compensation Claims“. The Fall IWBA conference is always one of our most heavily attended and this year, with discussion of major claims procedure changes coming down from the New York Workers’ Compensation Board and our recent LaCroix bill victory, I expect a packed house. Hope to see you there!

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Remembering 9/11: Ground Zero Ironworker Picurro Still Fighting for Life

Friday, September 11, 2009

On the eighth anniversary of 9/11, it seems appropriate that we all recognize that the health impacts on both victims and Ground Zero rescue workers continue in many cases to increase, not decrease. A colleague forwarded me this excellent video from this morning’s Democracy Now program regarding Ground Zero and the case of rescue worker Joe Picurro.  Although I am personally familiar with Joe’s tragic story of the health consequences that Ground Zero workers face, this excellent update, which includes interviews with 9/11 Ground Zero funding champion Congresswoman Carolyn Maloney and Dr. Jacqueline Moline of the Mt. Sinai Medical Center World Trade Center Monitoring […]

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Should You Hire a "Social Security Disability Advocate" or a Real Lawyer to Represent You in Your Disability Claim?

Tuesday, August 4, 2009

In my opinion, why eat hamburger when you can have steak for the same price? So called "Social Security Disability Advocates" are now swarming throughout the country, with new ones popping up every day. What do you need to know about some of these outfits before signing up and risking your hard earned Social Security Disability benefits to some faceless, out-of-state entity? Don’t be fooled by slick websites with smiling people – many of these outfits are nothing more than disability claim factories and some have major conflicts of interest. I was recently interviewed by a reporter for the Charleston, West […]

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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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New York Disability Lawyer Adds Informational Twitter Posts to Blog

Tuesday, July 7, 2009

OK – its time to try out this Twitter thing!  My good friend Kevin O’Keefe of LexBlog says it is an important tool to provide helpful info to my clients and readers, and I have great respect for his opinions on lawyers and Internet technology.  If you look to the left side of our blog and scroll down a bit, you will see my last five Twitter posts.  From my perspective, Twitter allows me to quickly get out useful information and news without having to compose a full blog post. Why? You can only use 140 characters in any Twitter post, so you better […]

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Judge Robert E. Beloten Appointed New York Workers Compensation Board Chairman

Thursday, July 2, 2009

When I first started practicing workers’ compensation law in the early 1990’s at the Hempstead, NY hearing office,  Robert (Bob) Beloten was one of the sitting Workers’ Compensation Law Judges. In many ways, I was very "green" and needed some guidance on how things "really worked" at the WCB.  Not only did Bob Beloten provide such guidance to me and other young attorneys at the time, he also made sure that our lack of experience did not harm our clients. That’s what a good judge does- and Bob Beloten was certainly among the best. When I was asked to present a seminar on workers […]

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