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Can The Lack Of A Diagnosis Prevent You From Receiving Long Term Disability Benefits?

Our Bay Area clients often ask us whether they need a definitive diagnosis in order to receive long term disability benefits under their employer’s ERISA-governed group disability plan. For some,…

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ERISA Watch – Ninth Circuit Joins Sister Circuits In Limiting Scope Of ERISA Document Penalties.

This week’s notable decision is Lee v. ING Groep, N.V., No. 14-15848, __F.3d__ (9th Cir. July 25, 2016), where the Ninth Circuit Court of Appeals joined the First, Second, Third,…

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Online Dating and Disability – Prospective Mates May Not Be The Only Ones Reading Your Profile

Long term disability insurance companies have a hard time accepting that a disability claimant does not need to be a complete shut-in to qualify for disability benefit payments.  Many of…

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Proving Entitlement to Long Term Disability Benefits Under ERISA Requires More Than Just A Disabling Medical Condition

Every good long term disability lawyer knows that getting a claim approved requires more than just showing that her client suffers from a disabling health condition.  There are nearly two…

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ERISA Watch – Court Upholds Victory For ESOP Plan Participants In ERISA Breach of Fiduciary Duty Class Action

This week’s notable decision is Chesemore, et al. v. Fenkell, No. 14-3181, __F.3d__, 2016 WL 3924308 (7th Cir. July 21, 2016), a class action matter alleging ERISA breach of fiduciary…

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Accidental Death & Dismemberment Insurance Exclusions

If you have an ERISA-governed life insurance benefit plan that contains an AD&D rider, the insurance policy likely contains a number of exclusions for coverage of an accidental death or dismemberment (loss of…

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