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The Sky’s the Limit, But Not in Your Long Term Disability Policy

The Sky’s the Limit, But Not in Your Long Term Disability Policy

Many of our San Francisco Bay Area long term disability clients sought an attorney’s advice about the limitations in their employer-provided disability plan. Most of them had not even reviewed…

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ERISA Watch – Sixth Circuit Adopts “But-For” Interpretation of Mental Illness Limitation In Long Term Disability Plan

It’s always a joy when the notable decision is a win for disability claimants.  In Okuno v. Reliance Standard Life Ins. Co., No. 15-4043, __F.3d__, 2016 WL 4655741 (6th Cir.…

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An Insurer Cannot Delay In Deciding Your Long Term Disability Appeal

No matter where you live, if you have a long term disability policy covered by the Employee Retirement Income Security Act of 1974 ("ERISA"), your claim for benefits is governed by…

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Bay Area ERISA Disability Attorneys: Beware of Choice of Law Provisions

After spending many years representing Bay Area claimants in ERISA disability benefit claims, I have seen it all.  I have seen insurance companies deny truly meritorious claims for no good…

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ERISA Watch – Group Health Plan’s New York Choice-of-Law Provision Trumps California Law

Unfortunately, this week’s notable decision is a loss for California’s ban on discretionary clauses.  In Bain v. United Healthcare Inc., No. 15-CV-03305-EMC, 2016 WL 4529495 (N.D. Cal. Aug. 30, 2016),…

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Is The Independent Physician Consultant Evaluating Your Long Term Disability Claim Truly Neutral?

What might not be obvious to the average San Francisco Bay Area consumer is a daily bane to most experienced ERISA long term disability attorneys:  "Independent" Physician Consultants (IPCs) hired…

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