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Riemer Hess is proud to announce a major litigation victory in Glickman, M.D., v. First UNUM Life Insurance Company, 1:19-cv-5909-VSB-SDA (S.D.N.Y. Jun. 8, 2023), filed in the Southern District Court of New York. The outcome represents a total win for Dr. Glickman.
Riemer Hess LLC is proud to announce a significant legal victory in Rhodes v. First Reliance Standard Life Insurance Company, No. 22 CIV. 5264 (AKH), 2023 WL 3099294 (S.D.N.Y. Apr. 26, 2023). The Court’s decision sends a powerful message to long term disability insurance companies: they will be held accountable for failing to follow the regulations provided by the Employee Retirement Income Security Act of 1974 (ERISA).
The plaintiff, Mr. William Rhodes, a Financial Engineer for a major financial institution, filed a claim for disability benefits after suffering a traumatic brain injury (“TBI”). First Reliance initially approved Rhodes’s claim but later terminated his benefits and denied his appeal. After the appeal denial, Mr. Rhodes consulted with Riemer Hess to sue First Reliance on his behalf.
In the litigation, Judge Alvin K. Hellerstein granted Rhodes’s motion for a de novo standard of review, holding that First Reliance failed to “strictly adhere” to ERISA’s claims procedure regulations. As a result, the Court would apply no deference to First Reliance’s previous decision, even though the plan granted discretion to First Reliance.
Introduction
Our new book, ERISA Disability Claims and Litigation (2021), authored by New York City ERISA attorneys Scott Riemer and Jennifer Hess of Riemer Hess LLC, offers expert knowledge to successfully file, appeal, and litigate ERISA disability claims. Published by James Publishing, this latest edition discusses updates to ERISA policies, best practices and procedures when handling claims, and more.
Below, the authors discuss the most common questions they get about their new book.
Timing is critical for ERISA long term disability litigation – and a factor claimants often overlook or misunderstand. Failure to file your ERISA litigation at the correct time can have dire consequences for you and your disability benefits.
If you file too early, the court often will dismiss your case, thus costing you valuable time and money spent on preparing your litigation. You may have an opportunity to correct the error of filing too early, as detailed below. However, there are much more serious and permanent consequences if you file your lawsuit too late. If you file after the statute of limitations, your claim will likely be dismissed, and you will be permanently unable to recover your benefits in court.
Who are we?
Riemer Hess LLC is a national disability insurance law firm based in New York City. We represent professionals and executives in long term disability claims, including both ERISA group policies and private individual policies.
What makes us different?
We’ve litigated more ERISA disability cases in the Southern District of New York than any of our competitors. For over 30 years, we've helped clients nationwide recover hundreds of millions in benefits, settlements, and judgments.
Why do clients trust us?
Our reputation is built on a rare blend of empathy, legal skill, and fierce advocacy in disability insurance law.
Riemer Hess LLC
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New York, New York 10017
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