Social Security Disability Claim Denial Overturned by Seventh Circuit Court of Appeals By: Andrew B. Bryant In the recent decision of Cullinan v. Berryhill, the Seventh Circuit Court of Appeals vacated the denial of a Social Security Disability claim involving a woman suffering from various conditions including anxiety, depression, peripheral blindness, diabetes, sleep apnea and obesity. The Administrative Law Judge (ALJ) hearing the claim found that while the claimant had several impairments, she was not disabled. The ALJ discounted the testimony of the claimant and the opinion of claimant’s treating psychologist, finding that other medical evidence was more credible. The […]
By: Stephen A. Jackson On January 5, 2018, the U.S. Department of Labor announced its decision for April 1, 2018, as the applicability date for employee benefit plans to comply with a final rule under the Employee Retirement Income Security Act (ERISA) that will give America’s workers new procedural protections when dealing with plan fiduciaries and insurance providers who deny their claims for disability benefits. The new rule ensures, for example, that disability claimants receive a clear explanation of why their claim was denied as well as their rights to appeal a denial of a benefit claim, and to review […]
By: David A. Bryant Highly compensated professionals, physicians in particular, purchased private individual disability insurance en masse in the 1970’s, 80’s and 90’s. Agents selling Individual Disability Insurance (IDI) policies flooded the market as insurance carriers competed for market share of disability premium, fueled by attractive commission rates. This previously untapped disability market, represented hundreds of millions in potential annualized premium. High stakes competition for these premium dollars resulted in underpriced, benefit-rich disability insurance policies purchased by physicians and other professionals. The insurance companies were, and still are, ill-equipped to manage the downstream claims volume or incident rates as these […]
Like Many Other Companies, General Electric Has Been Swept Up in the Long-Term Care Financing Crisis The costs of long-term care (LTC) for older Americans can be catastrophic, often reaching hundreds of thousands of dollars over the course of a lifetime. While insurance carriers and corporations jumped at the opportunity to market LTC insurance products as a consumer safeguard in the 1980s and early 1990s, many of these companies are now finding themselves in a serious financial predicament. Having sold billions of dollars in LTC products to consumers, these entities are struggling with how they are going to cover the […]
Chicago Insurance Attorney David Bryant to Speak on Private Pay Options for Long-Term Care at Upcoming Illinois State Bar Association ProgramNov 20, 2017 | Blog | Share
Bryant Legal Group PC announces that Attorney David Bryant has been invited to speak at the Illinois State Bar Association, Elder Law Section Council’s fifth annual boot camp on April 26-27, 2018 in Chicago. Attorney Bryant will discuss private pay options to cover the cost of home health care, nursing homes, assisted living facilities and other forms of care in the current long-term care environment. A member of the Illinois State Bar Association’s Insurance Law Section, David Bryant is the founding partner of Bryant Legal Group PC – a Chicago-based law firm focused on helping policyholders collect insurance coverage and […]
If you enrolled in a Group Disability Plan you have bought fools’ gold: Only covers 60% at most 80% of your earnings Then reduce that 60-80% by any Social security benefits you might receive, benefits will terminate at 65 years old; Usually limits coverage for any “mental/nervous” claims; and Usually governed by ERISA which preempts state law causes of action, like bad faith. The Social Security disability program quires that an individual to be unable to a complete a regular work-week with regular. Consistency of performance will often “disable” a patient because of lack of endurance, attention concentration persistence and […]
Holly M. Polglase, 2017-18 American Bar Association Tort Trial & Insurance Practice Section (ABA TIPS), appointed Jennifer M. Danish to serve as a Member of the ABA TIPS Council General Committee Board Standing Committee for 2017-2018 on June 23, 2017. Holly M. Polglase also appointed Jennifer to serve as Chair to the Health and Disability Insurance Law General Committee on June 27, 2017. These leadership appointments are recognition of her commitment to TIPS and her reputation among 20,000 TIPS members. Jennifer Danish has accepted both appointments and is honored to serve in the coming year.
Russell W. Hartigan, ISBA President-Elect, appointed David A. Bryant to serve as a Member of the ISBA Insurance Law Section Council for 2017-2018 on May 24, 2017. David has accepted the appointment and is honored to serve in the coming year.
Jennifer Danish will be covering The Basics of a Social Security Disability Claim on April 6, 2017 and moderating day two of the conference on April 7, 2017 at American Association for Justice’s Social Security Success! Seminar. Registration still available and open to non-AAJ members.
The United States Court of Appeals for the Seventh Circuit issued a decision in Prather v. Sun Life and Health Insurance Company on December 13, 2016. On July 16, 2013, Jeremy Prather had torn his left Achilles tendon playing basketball and after consulting with an orthopedic surgeon he scheduled surgery for July 22, 2013. The day before surgery Prather called the surgeon’s office to complain of swelling in the lower part of his leg and he reported that an area of the calf was both sensitive and warm to the touch. The surgeon told Prather to elevate the leg. Surgery the […]