When you navigate the complicated terrain of employer-sponsored Long Term Disability (LTD) benefits, It is crucial to understand how SSA determinations can impact your LTD benefits. First, your SSDI claim will impact the chance of your LTD claim being approved. Your LTD benefits under such a policy typically hinge on proving that you are unable […]
Tag: Esq
Wildfire, Landslides and the Efficient Proximate Cause Doctrine
Your home has suffered Mother Nature’s Double Whammy – it was burned or damaged by smoke during a recent wildfire, and now your property has suffered further structural damage from earth movement.Wildfires can destroy vegetation and make soil less permeable, which makes it easier for even short bursts of heavy rain to cause mudslides. If […]
What To Do When the Insurance Company Cancels Your Long Term Care Policy?
Do not assume that the insurance company properly cancelled your policy. You should have the cancellation of coverage reviewed by a long-term care attorney. Insurance companies repeatedly cancel insurance policies in violation of the terms of the policy and/or statutory law.The most common examples of improper cancellations of coverage include the following: 1. When there […]
The Limits Of Arbitration Provisions In The ERISA Context
From the perspective of plan sponsors and fiduciaries, the main advantage of mandatory arbitration is that it has been perceived as a way of avoiding the potentially large recoveries available to plaintiffs in class action lawsuits. But in the Employee Retirement Income Security Act of 1974 context, accomplishing this through arbitration provisions may not be […]
What is NEDA Week?
National Eating Disorders Awareness (“NEDA”) Week is an observance to bring awareness to the seriousness of eating disorders across the United States. Each year, the final week of February is designated Eating Disorders Awareness Week. In 2023, Eating Disorder Awareness Week begins on Monday, February 27th, and ends on Sunday, March 5th. The theme of […]
FAQ: My Long Term Disability carrier offered to hire a company to assist me in obtaining Social Security Disability Benefits . . . Should I accept?
This question comes up all the time, so we thought we’d discuss it.Although it is a relatively straightforward question, the answer is not so straightforward. In short, it depends.First, it is both to your benefit and to the benefit of the insurance company or employer paying your Long Term Disability (LTD ) claim that you […]
Heart Disease: Be Heart Healthy 2023
Heart Disease: Be Heart Healthy 2023By Cari M. Schwartz, Esq.According to the Centers for Disease Control and Prevention (“CDC”), heart disease is the leading cause of death for men, women, and people of most racial and ethnic groups in the United States. About 697,000 people in the United States died from heart disease in 2020. […]
What Is Long Term Disability Insurance?
Long Term Disability insurance (LTD) is an insurance policy that protects an employee from loss of income in the event that he or she is unable to work due to illness, injury, or accident for a long period of time.LTD can provide benefits for work-related accidents or injuries that are covered by Workers’ Compensation insurance, […]
Ninth Circuit Holds That Trial Courts May Not Rely on Arguments Not Raised During the Claims Process
Collier v. Lincoln Life Assurance Co. of Bos., No. 21-55465, __ F.4th __, 2022 WL 17087828 (9th Cir. Nov. 21, 2022) (Before Circuit Judges Paez and Watford, and District Judge Richard D. Bennett)Kantor & Kantor received a victory on a notable decision in the Ninth Circuit that addressed what arguments ERISA plan administrators and judges […]
Lace-Up for Lungs: Let’s Outpace COPD – Awareness Month
Did you know that 16 million U.S. adults have chronic obstructive pulmonary disease (COPD), and millions more are undiagnosed and unaware that they have the disease? COPD kills more than 150,000 people each year in the United States and more than 3.2 million people worldwide.Each November, the COPD Foundation and its community increase the focus […]