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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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NY Workers' Compensation Lawyer Quoted in AM NewYork

Monday, August 13, 2007

Does or job affect your sleep patterns?  Can you collect New York Workers’ Compensation benefits if it does? That’s the question Daisy Harrington asked me in her Career Corner column in AM New York published today.  There is growing evidence that workers may suffer adverse health effects, especially  work related heart attacks, due to long or unusual working hours,.  Workers who are "on call" constantly might have similar problems.  However, to date making such claims at the New York Workers’ Compensation Board  has not been particularly fruitful in our experience.   As in every workers’ comp claim, you must have a medical doctor support you claim in writing.  This […]

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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 Troy Rosasco.  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, […]

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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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Long Island ERISA Disability Claim Attorney Profiled in Newsday

Wednesday, June 13, 2007

Patricia Kitchen of Newsday did a nice article on business professionals who blog in the cover story to the Money and Careers section of last Sunday’s paper.  My good friend and fellow attorney Diane Pfadenhauer, who writes the Strategic HR Lawyer Blog, was featured along with my blog on long term disability claims.  We both have Kevin O’Keefe at Lexblog to thank for hosting and designing our blogs and keeping them easy to navigate for our readers. The article stressed the roles our blogs play in providing useful information on specific topics to the public while also allowing us to express our professional "spin" […]

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Veterans Disability Claims: Attorneys to the Rescue

Saturday, June 9, 2007

As an Air Force veteran myself, I have always had a soft spot for my disabled veteran clients who have put their life on the line to protect our country and our freedoms.  However, the United States Veterans’ Administration has done an awful job over the years by denying legitimate VA Disability claims and allowing the system to have a now 400,000 case backlog.  This is is not the ‘thank you" our young men and women returning from Iraq deserve if they are missing limbs. Thankfully, help is on the way for disabled veterans fighting the daunting Veterans’ Disability Claim process from us "controversial  lawyers".  A […]

Continue Reading – Excellent Support Groups for Social Security Disability Claimants

Wednesday, June 6, 2007

I was reading the magazine section of my Sunday paper this weekend and ran across a great article on online support groups by Peter Waite, the founder of, a website devoted to online discussion groups for individuals with chronic illnesses.  I have always been a big fan of support groups for those with particular medical conditions, whether they be cancer, diabetes heart disease or some less common but equally disabling conditions.  However, I have always been dubious of recommending specific online disease forums due to the proliferation of bad medical information and questionable "lurkers".  Up until now, about the only Internet medical […]

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