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 plaintiff-appellants/ cross-appellees Ivan and Melissa Mitchell in the matter of Mitchell, et al. v. Blue Cross Blue Shield of North Dakota, et al. Blue Cross Blue...
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 disability program, a claim for benefits is filed. If there is a short-term...
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 Social Security Disability Insurance awards in long-term disability insurance cases. The...
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 relating to managing disability claims in the ERISA administrative review context....
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 deprivation of financial benefit. In Bauserman v. Unemployment Insurance Agency, No. 333181 (Mich....
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 disability claimant’s medical file should include an accurate...
STATE BAR OF MICHIGAN PUBLISHES J.J. CONWAY LAW ARTICLE ON ERISA’S CLAIMS PROCESS
The State Bar of Michigan has published an article authored by J.J. Conway, Esq. discussing the judicially mandated administrative claims process required by ERISA Section 503, 29 U.S.C. 1133. The article, published in the Michigan Bar Journal, discusses ways that...
COURT RULES THAT ERISA DISABILITY APPEAL REQUIREMENTS MUST APPEAR IN PLAN TO BE ENFORCED
The United States District Court for the Eastern District of Michigan has held that an insurer must advise a long-term disability claimant of its internal appeal requirement within the actual plan document in order to establish a failure to exhaust defense. In Wallace...
10 Questions About Disability Insurance Claims For J.J. Conway, ESQ.
How would you describe your typical client? Our clientele is quite diverse. We represent as broad a range of clients as you can imagine. Since our litigation practice focuses on employee benefits — like disability insurance disputes – we serve people of all ages and...