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ERISA disputes are perhaps the worst-timed legal challenges a person can encounter. People with incapacitating illnesses or injuries, often involving a cognitive impairment, must become proficient in legal jargon and the convoluted world of long-term insurance...
Congress recently voted to end the COVID public health emergency that has been in place for the past three years. While it may seem as if day-to-day life has essentially returned to normal, hundreds of Americans continue to die of COVID complications each week, and...
In theory, we should never sign anything without reading and understanding its contents. In practice, we are presented with sprawling documents and agreements stuffed with legal jargon that can baffle the best of us on at least a weekly basis. Our instinct is to sign...
Though the judgment against the insurer was swift, a recent ERISA case is a timely reminder that sometimes insurers will resort to the benefits cancellation equivalent of throwing pasta at a wall, hoping something will stick. In Caudill v. The Hartford Life &...
A recent successful appeal highlighted how the sometimes everyday interchangeability of the words “illness” and “injury” can mean the difference between temporary and lifetime ERISA benefits. The thrill of temporary victory In Stein v. Paul Revere Life Ins. Co., the...
Two recent “own occupation” versus “any occupation” judgments, in addition to cases from late last year, while not resounding successes, seem to indicate a trend of the courts favoring claimants over insurers. An insurer’s conflicting determinations In Robinson v....
What started as Christopher McNaughton’s long journey to find an effective treatment for his debilitating ulcerative colitis led to a cluster bomb of evidence composed of incriminating emails and recorded phone calls from UnitedHealthcare. This peek behind the curtain...
The seismic 2019 ruling in Wit v. United Behavioral Health (UBH), which compelled UBH to reprocess more than 50,000 denied claims for psychiatric conditions due to noncompliance with generally accepted standards of care and treatment, has been undone by a new opinion...
An almost unbelievable pattern of deception and misrepresentation has defined the NFL's approach to compensating disabled former players. And players argue that their union has been in on the plot. A familiar ERISA story The Washington Post has published an exhaustive...
Leaving a rewarding career before you’re ready due to worsening health challenges is never easy. When you’ve invested untold time, money and resources into building that career, a career that’s a cornerstone of your identity, the decision can be excruciating -...