THE UNITED STATES SECRETARY OF LABOR FILES AMICUS BRIEF IN SUPPORT OF PLAINTIFFS’ STANDING IN MITCHELL V. BLUE CROSS BLUE SHIELD OF NORTH DAKOTA On January 22, 2019, the United States Secretary of Labor filed an amicus curiae brief in support of the...
SIXTH CIRCUIT KILLS ERISA LTD CLAIM FOR FAILING TO FILE A BENEFITS APPLICATION The typical scenario in a benefits claim works something like this: An employee becomes ill or injured. An employee takes a medical leave of absence. If the employer has sponsored a...
The American Bar Association Tips Section Publishes ERISA Disability Article by J.J. CONWAY, ESQ. The Tort Trial & Insurance Practice Section of the American Bar Association has published an article authored by J.J. Conway, Esq. discussing the history and usage of...
2018: THE COMING ERISA DISABILITY REGULATIONS AND A BIT OF GOOD NEWS FOR CLAIMANTS Insurance companies administering ERISA long-term disability claims may be facing new rules. In 2012 the U.S. Department of Labor’s ERISA Advisory Council undertook a study on issues...
MICHIGAN COURT OF APPEALS: THE STATUTE OF LIMITATIONS IS RUNNING BEFORE THE HARM CATCHES UP. The Michigan Court of Appeals has held that, for the purposes of a claim under the Court of Claims Act, the statute of limitations may begin to run prior to any actual...
A LAWYER’S TOUGH TALK ON LONG TERM DISABILITY INSURANCE CLAIMS In twenty years of handling employee benefit disputes, I have made a few observations on the ways to keep a long-term disability insurance claim in “approved status” or “open” as insurance companies say. A...
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