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Welcome!  The Disability Wiki is an internet-based resource that addresses in one place your questions and concerns about disability benefits, disability insurers, your illness, your occupation, and filing a claim, appeal or litigation.  In other words, a "Wikipedia" for disability claims.  If you would like to automatically receive new posts, please subscribe below.

 

 

Category: Litigation - Standard of Review

ERISA Long Term Disability Lawsuits: What's the Standard of Review?

Litigation ERISA Standard of Review Prepare for Litigation

If you file an Employee Retirement Income Security Act (“ERISA”) long term disability lawsuit, your success will depend heavily on which legal standard of review the court applies.  The standards are anything but equal.  The one used in your case can have a substantial impact on your success.

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Plaintiff Awarded Over 15 Years of Unpaid Benefits In Hotly Contested Long Term Disability Lawsuit

Litigation News Success Stories Insurers Sun Life Standard of Review Success Story

Riemer Hess aggressively litigated a hotly contested long term disability lawsuit against Sun Life – ultimately winning over 15 years of unpaid benefits for the Plaintiff, despite Sun Life’s unsuccessful appeals. The judge’s opinion in this case is a major victory for the Plaintiff, as well as future disabled claimants who are victims of insurance company abuse and delay tactics.

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Riemer Submits Comments on Proposed NYS Regulations on behalf of United Policyholders

News Standard of Review

Insurance Lawyer New York

The NY Insurance Department recently proposed important new regulations, 11 NYCRR 222, banning discretionary clauses in Insurance Lawyer New York. These regulations are immensely important because they will dramatically increase court scutiny of long term disability denials.The typical policy does not explain to the insured (or even the insured's employer) that the inclusion of the discretionary clause will greatly limit the insured's right to judicial review; that the insured's claim will be restricted to the administrative record and that the court will only search the file to determine whether there is substantial evidence in support of the insurer's determination.

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NYS to Prohibit Discretionary Clauses

News Policies Standard of Review Discretionary Authority

The New York State Insurance Department has issued a proposed regulation prohibiting insurers from placing discretionary clauses in insurance policies. This regulation is hugely important to long term disability claimants. If this regulation becomes law, it would enable courts to fully scrutinize the claim determinations of insurance companies. Under the current law, a court will only overturn a claim denial if the insurance company's determination is an abuse of discretion. This regulation would constitute a turning point in this area of the law.

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