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Welcome to the Riemer Hess Quarterly Report. This newsletter is intended to cover the Firm’s most relevant highlights of 2024 Q2. Below you’ll find news updates, recent educational outreach performed by the firm, client success stories, and a litigation roundup from this quarter.
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NEWS
Pro Bono Update
In Q2 of 2024, Riemer Hess took on a new pro bono case for “Jane Doe,” a young woman dealing with serious health issues. Jane has been struggling with Ehlers-Danlos Syndrome (EDS), Postural Orthostatic Tachycardia Syndrome (POTS), Long Covid, and symptoms of Chronic Fatigue Syndrome. Despite a performance evaluation that placed her on a Performance Improvement Plan (PIP), she is determined to leave her job on good terms as she can no longer meet the demands of her role due to both physical and cognitive impairments.
Our team is currently assisting Jane with the process of exiting work and initiating her Short Term Disability (STD) and Long Term Disability (LTD) claims. We are working closely with her PCP and cardiologist to secure the necessary documentation to support her claim, including medical records and narrative letters highlighting her diagnoses and limitations. Additionally, we are exploring further testing, such as a Cardiopulmonary Exercise Test (CPET) and a possible neuropsychological evaluation, to provide objective evidence of her functional impairments.
Welcoming New Team Members to Riemer Hess
We’re excited to welcome four new members to the Riemer Hess team:
- Jennifer Manger, Associate: With over 15 years of experience, including a focus on Social Security Disability, Jennifer brings her expertise in medical evidence and vocational issues to advocate for LTD claimants. Learn more about Jennifer Manger.
- Georgette Pascual, Paralegal: Georgette has 15 years of disability advocacy experience and joined us in 2024, quickly establishing a strong record of securing favorable outcomes for our clients. Learn more about Georgette Pascual.
- Danielle Sanchez, Legal Assistant: Danielle, with a background in personal injury and a Master's in Public Policy, ensures smooth handling of LTD claims with her organizational skills and commitment to advocacy. Learn more about Danielle Sanchez.
- Alissa Mohanlall, Legal Assistant: Alissa brings experience from legal and patient care settings, supporting the team with documentation management and an empathetic approach to client care. Learn more about Alissa Mohanlall.
FIRM OUTREACH AND EDUCATION ROUNDUP
Jennifer Hess’s TBI Article Featured in AAJ Trial Magazine
We are excited to announce that Partner Jennifer Hess was featured in the July 2024 issue of Trial magazine, published by the American Association for Justice (AAJ). Jennifer’s article, titled "Tackling Disability Defenses in TBI Cases," provides practical strategies for attorneys facing common defense tactics in traumatic brain injury (TBI) claims.
The AAJ is a leading national organization dedicated to supporting attorneys who advocate for individuals’ rights, particularly those affected by injury, illness, or negligence. Through its resources, the AAJ helps trial lawyers navigate the legal challenges their clients face, ensuring access to justice. Trial magazine is the AAJ’s flagship publication, respected throughout the legal community for providing thought leadership and practical insights on trial practice.
Being published in Trial magazine is a significant recognition, highlighting the firm’s expertise and furthering our mission of advocating for disabled individuals and supporting attorneys in handling complex TBI-related disability claims.
Jennifer’s article complements our broader efforts, including our book, A Personal Injury Attorney’s Guide to TBI LTD Claims, which offers comprehensive guidance on TBI claims for attorneys representing injured clients.
The Future of ERISA Regulations: Research in a Post-Loper Era
The U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo has sparked widespread discussion about the future of Chevron deference, a foundational principle in administrative law. Established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), the Chevron doctrine requires courts to defer to a federal agency’s interpretation of ambiguous statutes, as long as that interpretation is reasonable. This deference has played a crucial role in how courts interpret regulations created by agencies like the Department of Labor (DOL), which promulgated ERISA’s claims procedure regulations relevant to group long term disability (LTD) claims.
In Loper, the Supreme Court limited the application of Chevron deference in cases involving certain agency actions. While the decision centered on the fishing industry, its implications could ripple across other sectors, including the DOL’s enforcement of ERISA regulations that protect claimants in group LTD disputes. There is much discussion that a reduction in deference to the DOL could open the door for more challenges to the agency’s interpretations of ERISA, potentially weakening claimant protections.
In response, Riemer Hess is compiling research to prepare a scholarly article that supports the continued strength of DOL regulations in the face of this evolving legal landscape. Our article will argue that these regulations, particularly those that ensure fairness in the ERISA disability claims process, should remain robust despite the changing approach to Chevron deference.
By examining the legal reasoning behind Loper and the role of Chevron, we aim to highlight why the protections under DOL regulations must stand strong, ensuring that the rights of claimants are upheld in future ERISA cases.
LITIGATION ROUNDUP
Rappaport v. Guardian Life Insurance Company of America
While a decision on the motions for summary judgment was pending, the defendant requested to amend its answer following the Supreme Court’s Loper decision. We are currently briefing this new issue in federal court in Manhattan, and we believe the defendant's stance has no merit. We believe the defendant’s attempt to amend the answer post-Loper does not change the fundamental issues in the case, and we remain confident that our original motion for summary judgment will prevail. The litigation is being led by Partner Scott Riemer and Associate Ryan McIntyre. Partner Jennifer Hess has joined to support the research efforts post-Loper.Doe v. First Unum Life Insurance Company
This case, currently before the federal court in Manhattan, has advanced into the briefing stage after mediation efforts proved unsuccessful. Our next brief is due on September 12, 2024, and the case is set to be fully briefed by October. The plaintiff, a McKinsey consultant living in Shanghai, suffers from severe depression and anxiety, which have rendered him unable to work. The core issues in the case include a disputed standard of review and the adequacy of the medical evidence supporting his claim. We remain confident in the strength of our position and expect a favorable outcome. The litigation is being led by Partner Jennifer Hess and Associate Samantha Wladich, with critical support from Paralegal Michele Wagner and Paralegal Georgette Pascual.Jane Roe v. First Unum Life Insurance Company
We received the defendant’s answer and have served initial discovery requests. We are currently preparing for our initial scheduling conference and upcoming briefing. Given the similarities between this case and Doe v. First Unum, including the same McKinsey policy and the similar nature of the plaintiff’s disability, we have proactively begun drafting our brief. This case, filed under a pseudonym to protect our client's privacy due to the sensitivity of her illness (like Doe), continues to move forward in federal court in Manhattan. The litigation is being led by Partner Jennifer Hess, with Associate Samantha Wladich and substantial support from Paralegal Michele Wagner. Associate Jennifer Manger has also joined the team to support these efforts.
Zurita v. First Unum Life Insurance Company
We received the defendant's answer and promptly sent out discovery requests. We are now preparing for the initial scheduling conference and have also submitted a settlement proposal. This case involves First Unum’s termination of Ms. Zurita’s long-standing LTD benefits, which were paid for nearly 10 years. Unum’s errors in denying the claim include reliance on a faulty surveillance report misidentifying the plaintiff, miscalculation of her indexed monthly earnings, and an unsupported vocational assessment. The case is being litigated in federal court in Manhattan and is expected to proceed to briefing in the fall. Associate Ryan McIntyre is leading the case, with Paralegals Jessica Carrion and Michele Wagner providing substantial support.
McLaughlin v. First Unum Life Insurance Company
This case was filed in the federal court in Manhattan on behalf of a prominent law attorney, with Riemer Hess serving as local counsel to ERISA colleagues in Chicago. We received the answer and the administrative record from the defendant. Our colleagues in Chicago are reviewing the record to further develop our position for briefing. We anticipate this case will move into briefing by fall. On the local front, the litigation is being handled by Partner Jennifer Hess with Associate Ryan McIntyre.
Israel v. Unum Life Insurance Company of America
After the Court ordered a remand due to Unum's failure to provide a full and fair review, we submitted a thorough remand file in Q4 2023 and Q1 2024. Despite this, Unum once again denied the claim. In response, we re-initiated litigation with an amended complaint and are now awaiting the defendant’s answer. The re-initiated case is being handled in the federal court in Manhattan by Partner Scott Riemer and Associate Ryan McIntyre, with significant support from Senior Paralegal Hannah Cochrane.
Thomas R v. Hartford Life and Accident Insurance Company
We continue to await a decision on our bench trial briefs which were fully submitted to the Court in December 2022. Given the substantial delay in the Court's timeline to issue a decision, we recently sent a follow-up letter to expedite the process. The litigation is being led by Partner Scott Riemer, with Associate Ryan McIntyre.
Cruikshank v. First Unum Life Insurance Company
This is a new case filed by Riemer Hess in the federal district court in Manhattan on behalf of a disabled attorney residing in Canada. Despite submitting a robust and well-supported appeal, First Unum denied the claim, ignoring substantial evidence of the attorney’s disability. We are prepared to vigorously litigate this case in court and are currently awaiting the defendant’s answer, which is due this fall. The litigation is being handled by Partner Jennifer Hess with Associate Samantha Wladich, together with significant support from Paralegals Michele Wagner and Georgette Pascual.
Wanger v. Unum Life Insurance Company of America
This is a new case filed by Riemer Hess in the federal district court in Manhattan on behalf of a disabled senior manager tax attorney. The case involves a complex combination of medical issues resulting in visual abnormalities, vestibular dysfunction, headaches, and fatigue. Despite submitting a robust and well-supported appeal, Unum denied the claim, ignoring substantial evidence of the plaintiff’s inability to work. We are prepared to vigorously litigate this case in court. We are currently working to serve the complaint on Unum. The litigation is being handled by Partner Jennifer Hess and Associate Ryan McIntyre, together with significant support from Paralegal Hannah Cochrane.
