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. 

Disability following slip and fall accident

Sherry N. (Confidentiality provision prohibits disclosure of identities) For 22 years Sherry N. was employed as an accounting manager at a large bank. According to her job description, she was responsible for managing a professional staff within a section or department engaged in accounting activities. Duties may include: managing completion of complex accounting tasks. The position requires sitting “Constantly: 6 - 8 (plus) hours”, as well as constant twisting of the neck and waist throughout the work day. The job also required working overtime (in addition to her 2-hour daily commute). Five years before the onset of her disability, Sherry suffered a slip and fall injury, resulting in s

Traveling from Illinois to California for treatment does not excuse Plan’s obligation to pay for dru

Robert S. (Self-funded plan administered by ReliaStar) Robert S. was admitted to a residential treatment center cocaine dependence. At the time of admission he was a 33 year old man, with a family history of alcoholism and drug abuse and a long personal history of alcohol, marijuana, heroin and cocaine use. He had had two prior detoxifications and one inpatient stay at an acute-care level; however, he relapsed after six months. In the year prior to his admission, Robert had regularly used ¼ gram of heroin and 1 gram of cocaine a day. He had lost 10 jobs as a result of his drug use and he admitted to using drugs, while at work on his then current job. Upon admission, Robert executed an as

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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.