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 […]
District Court Upholds LINA’s Denial of LTD Benefits Due To Lack of Objective Findings of Mental, Cognitive, or Behavioral ImpairmentNov 14, 2016 | Blog | Share
District court upholds insurer’s denial of LTD benefits agreeing with the insurer’s file reviewer that there are no objective findings from a psychiatric standpoint that indicates the Claimant is mentally, cognitively and/or behaviorally impaired. In Gailey v Life Insurance Company of North America, 2016 WL 6082112 ( M.D. Penn. October 17, 2016), the Claimant was a 48 year old office manager for many years with a history of anxiety and depression. On July 15, 2013 she reported having an emotional breakdown at work and left the office crying, shaking, and suffering a panic attack. She was unable to return to […]
The United States Court of Appeals for the Seventh Circuit issued a decision in Sun Life Assurance Co. of Canada v. U.S. Bank National Association on October 12, 2016 affirming the district court’s judgment. The Court’s decision begins, “A common law principle that so far as we know is in force in every state of the United States forbids a person to own an insurance policy that insures someone else’s life unless the policy owner has an insurable interest in that life. Ohio National Life Assurance Corp. v. Davis, 803 F.3d 904, 907–08 (7th Cir. 2015). So you are allowed […]
Bryant Legal Group’s October 2016 “You Should Know” newsletter was distributed last night. It is available online here. In this issue: “Addiction Explodes with Sales,” “Abuse, Addiction Prevention Checklist,” and “Track Pharma Dollars to Docs.” If you would like to subscribe to our newsletter, you can do that here.
For new and updates relevant to Social Security disability, we recommend visiting attorney Joni Beth Bailey’s blog page. Recent topics include: “Famous Last Words—’I’ve got this! I don’t need an attorney at my Social Security disability hearing!’” and “SSA’s mySocial Security: New Online Security Update” Ms. Bailey is an experienced attorney representing individuals since 1984 and focuses on cases in Southern Illinois (service area map). Her skill is recognized nationally as she is a frequent speaker to other Social Security disability attorneys.
One of the most important tips is simple. Always be honest with your doctors. Your doctor appointments are not the time to put your best foot forward. We frequently hear feedback from clients that they want their doctors to feel positive about their treatment and what they are doing to help them, so they in turn minimize their symptoms. First and most importantly, your doctor needs an accurate report from you of your symptoms and their severity in order to provide the best treatment possible. Secondarily, if you are filing a claim for disability and you always are telling your […]