ERISA Disability and Health Case Histories and Random Musings by an ERISA Disability Lawyer

Mark Twain said, "Write what you know."   Over the past 25 years, I have handled just about every kind of long term disability claim denial case there is, everything from heart attacks, strokes, cancer, diabetes, fibromyalgia, degenerative disc disease, accidental injury, IBS, headache syndromes, broken eardrums, diabetes  to somatoform disorder.  I have also handled numerous health benefit claim denials for medical providers.


All ERISA claims have two things in common: (1) The facts of each case are unique; and (2) the law is always the same (until it changes).  So I thought it might be interesting to take some histories from the cases I know best, my own, and write a short blog post for each one.  Although each one is different, the same issues surface again and again. It seems insurance companies can only come up with so many ways to screw over claimants.   After a couple of decades, a lawyer can get pretty good at identifying the pattern.  Read through the posts that interest you.  And you too may see the patterns I see every day.  I have only included full client names in those cases that were litigated; and thus, are a matter of public record.


Also, from time to time, I may throw in some commentary about the practice of law in general and some perspectives about the life of a sole practitioner ERISA lawyer. 

Failure of insurer to correctly calculate benefit amount results in drastic underpayment.

Richard Hineman v. Long Term Disability Plan of E*Trade Group, Inc. 279 Fed. Appx. 546 (9th Cir. 2008), CV 06-1527 JFW; (9th Cir. Case No. 07-55079) Mr. Hineman worked as a computer software engineer for E*Trade for approximately 15 years until he unexpectedly had to leave work due to heart problems, which resulted in heart transplant surgery. After the surgery, he tried to return to work on a full time basis, but he was unable to do so. He immediately experienced extreme fatigue and an inability to concentrate. He couldn’t remember things or carry tasks forward from one day to the next. Having never encountered such problems before, he mistakenly believed they were caused by the anti-re

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ERISA Disability Lawyer

© 2014 by Michael A. McKuin

Attorney at Law

Post Office Box 10577

Palm Desert, CA 92255

(California State Bar No. 103328)


The information provided at this website is intended for educational and promotional purposes only. It is strictly general in nature and under no circumstance should it be considered legal advice.  Every case is unique and a competent, qualified lawyer must be consulted for legal advice regarding any specific case.