Info Library

Find answers to your disability claim questions.

Welcome to our Info Library.

The Info Library is a resource for people who have questions about disability insurance benefits, insurance companies, medical conditions, occupational demands, claims, appeals, and litigation.

Think of it as a practical guide to disability claims. Our goal is to explain common issues in clear, useful terms so you can better understand the process, the risks, and the decisions that may affect your benefits.

New articles are added regularly.

 

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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5 Challenges You’ll Face in Your ERISA Long Term Disability Lawsuit

Litigation Standard of Review Prepare for Litigation Challenges

Litigating an ERISA long term disability lawsuit against your insurer can be an arduous and time-consuming task.  Your attorney must plan strategically to maximize your chances of success.  Even with the most seasoned attorney in your corner, you must still prepare to meet certain challenges.  Here are five challenges you’re likely to face in your ERISA long term disability lawsuit.

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Court Strips Aetna's Discretionary Authority in Long Term Disability Litigation

ERISA News Success Stories Standard of Review Aetna Success Story ERISA's Claims Procedure Regulations

In an ERISA New York disability litigation against Aetna, Riemer Hess successfully argued the Court should review the case under the plaintiff-friendly de novo standard – substantially increasing the Plaintiff’s chances of prevailing.  The Court, in following the Second Circuit Court of Appeals’ ruling in Halo vs. Yale Health Plan, stripped Aetna of its discretionary authority because it failed to to strictly adhere to the ERISA claims regulations, and its violations were neither inadvertent nor harmless.

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

News Success Stories Sun Life Standard of Review Success Story Challenges

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 Obtains Landmark Victory Against UNUM Stripping UNUM’s Discretionary Authority to Determine Benefit Eligibility

News Success Stories Standard of Review UNUM Success Story

On August 5, 2013, Riemer Hess won a landmark victory in McDonnell v. First Unum Life Ins. Co., 2013 U.S. Dist. LEXIS 110361 (S.D.N.Y. August 5, 2013).
For a copy, click here: Download file

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