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New York Withdraws Opinion on Discretionary Clauses in ERISA Disability Income Insurance Claims

Friday, August 11, 2006

In April of this year, New York joined the growing list of states banning discretionary clauses in ERISA long term disability policies, much to the benefit of disabled workers.  Unfortunately, the New York State Insurance Department recently rescinded it’s prior advisory letter in favor of proceeding with formal rule making in the future.  While it is clear that New York still feels that "discretionary clauses" are unfair to ERISA long term disability plan participants, this newest circular letter does subject current disability claimants to uncertainty in the near future. New York Insurance Department Circular Letter # 8, dated 3/27/06, required long term disability insurance […]

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Sweeping New Social Security Disability Regulations Effective August 1, 2006

Monday, July 17, 2006

The new regulations changing the Social Security Disability Claims Process take effect August 1, 2006.  Many  Social Security Disability lawyers  have commented regarding the pros and cons of these new rules since the original Notice of Proposed Rule Making (NPRM) last year.  Thankfully, the Social Security Administration has taken some of our comments to heart and modified some of the proposed rules to benefit claimants. From my perspective, the most claimant friendly improvements to the new Disability Service Improvement Process (DSI) are twofold.  First,  Social Security Disability Attorneys are not required to submit adverse medical evidence, as was originally proposed in the […]

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Synopsis of 2006 New York Workers' Comp Bills Passed in Albany

Friday, July 7, 2006

The New York Workers’ Compensation Alliance, a lobbying group and political action committee (PAC) protecting injured workers, just published an excellent synopsis of all 2006 NY Workers’ Comp bills that were passed in Albany.  Check it out. Thankfully, we were successful this year in heading off some of the disastrous workers’ comp bills pushed by insurance companies and big business.  No doubt they will be back next year with other draconian "reform" measures, but we’ll be ready to expose their true motives – profits at the expense of permanently disabled workers!

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New York Legislature Passes New 9/11 Workers Comp Bill to Protect Ground Zero Claimants

Tuesday, June 27, 2006

Congratulations to the New York State Assembly and New York State Senate for passing an amendment to the NY Workers’ Compensation Law (new Article 8-A) which will grant new rights and benefits to ill 9/11 rescue, recovery, clean-up workers and volunteers who worked at Ground Zero after the World Trade Center tragedy. Thanks to the hard work and diligent efforts of many individuals and organizations, including the NY Workers’ Compensation Alliance,  who pushed for passage of this important bill, these heroes will now have their health and economic security protected. The new "9/11 Bill" allows workers who later become ill […]

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9/11 New York Workers' Compensation Bill Gaining Traction in Albany

Wednesday, June 14, 2006

It looks like a version of the new 9/11 Workers’ Comp Bill introduced recently by Assemblyman Jonathan L. Bing (D-Manhattan) will soon become law.  Final details of a compromise 9/11 bill are currently being worked out by negotiators from Governor Pataki’s office, the Assembly and the Senate, where a similar bill was introduced by State Senator John Marchi (R-Staten Island).   The New York Workers’ Compensation Alliance has been working closely with all interested parties in Albany to craft a law that will protect all 9/11 heroes. If such a bill is signed by Governor Pataki, Ground Zero rescue, recovery and clean up workers will be […]

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Winning Arthritis Social Security Disability and Long Term Disability Claims

Friday, June 9, 2006

Arthritis cripples more people in the United States than almost any other chronic condition.  Therefore, it is one of the most common disabilities the attorneys at Turley Redmond & Rosasco see when it comes to processing long term disability claims and Social Security disability claims. Arthritis is a broad category of  disorders including degenerative arthritis,osteoarthritis, rheumatoid arthritis, and psoriatic arthritis. It also includes autoimmune disorders such as lupus, fibromyalgia, sclerodema, and mixed connective tissue disease.  All involve severe pain and functional restrictions.  When arthritis affects the hips, knees or ankles, obesity often times exacerbates the symptoms.  When the symptoms become severe enough, sometimes […]

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New York Outlaws "Discretionary Clauses" in ERISA Long Term Disability Policies

Friday, May 26, 2006

New York ERISA long term disability claimants just received a big assist from New York State Insurance Superintendent Howard Mills . Following the lead of California’s Insurance Department, Superintendent Mills issued 2006 Circular Letter # 8 invalidating all “discretionary clauses” in existing group long term disability policies. All insurance companies must comply by May 31, 2006. Insurance companies frequently used discretionary clauses to unfairly deny legitimate long term disability claims by claiming their policy gave them “discretion” to decide what is and is not a disability. Discretionary clauses also handcuffed federal court judges who reviewed the unfair denials. An often […]

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Workers’ Compensation Senate Roundtable Report

Monday, April 24, 2006

Workers’ Comp Alliance Co-Chairs John Sciortino recently advocated the position of injured workers at a well attended public Roundtable in Albany sponsored by State Senator George Maziarz. Once again, Senator Maziarz proved to be an open minded fact finder seeking common ground solutions to the tough problem of Workers’ Compensation. As stated in a previous Workers’ Compensation Alliance post, the panel consisted of representatives of injured workers and business. Joel Shufro, President of the New York Committee for Occupational Safety & Health (NYCOSH) made an impassioned plea to make safety on the job the number one priority. All panelists agreed […]

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Attorney Rosasco Travels to Albany to Advocate for Workers' Compensation Alliance

Monday, April 10, 2006

I will be travelling to Albany tomorrow with New York Workers‚Äô Compensation Alliance Legislative Co-Chair John Sciortino to take part in the second of a series of Roundtable Discussions hosted by Senator George Maziarz, New York State Senate Labor Committee Chair, regarding Workers‚Äô Compensation Reform. Since Workers‚Äô Comp Reform was recently detached from the Governor‚Äôs budget bill, it appears that workers‚Äô compensation reform will continue to be on the Albany radar screen for the rest of the year. Also scheduled to participate in the Roundtable are: Randall Wolken, President, Central New York Manufacturing Association; Cecelia Norat, Director of State Operations […]

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Rosasco Response to Newsday Editorial on Workers’ Comp Reform

Monday, March 27, 2006

To the Editor: I know Newsday is one of Long Island’s major employers (owned by the Times-Tribune conglomerate), but I never thought its own corporate self interest would would infect its positions on the editorial page. On the issue of workers’ compensation, apparently it did (Workers’ Comp Reform, 3/21/06). How soon Newsday forgets. 9/11 was the worst workplace tragedy in the history of the United States. Besides the over 3000 deaths, many Long Islanders suffered devastating permanent partial disabilities and will never return to any gainful occupation. The survivors and their families on Long Island live with this cruel reminder […]

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