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Lawyer Mark Scherzer Addresses Complicated Long Term Care Claim Issues in Newsday Article

The Long Island newspaper, Newsday, in an article published March 9, 2023, reported that “Long-term Care Insurance can be Complicated Answer for Long Island Seniors.” The article discusses the challenges faced by long term care insurance policyholders as they try to file claims for benefits under their policies. Mark Scherzer was cited in the article Read More

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Extension of ERISA Health, Life, and Disability Claim Deadlines During Covid-19 “National Emergency” [UPDATED: March, 2021, to Reflect EBSA Guidance Issued]

By A. Christopher Wieber (Law Office of Mark Scherzer) What if your long-term disability claim was denied and you have a 180-day appeal deadline, but — due to the coronavirus pandemic — your doctors’ offices have been closed, or short-staffed, so that it is impossible to obtain supporting medical documentation in a timely fashion?  If your Read More

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Disability Benefits for COVID-19 Patients with Persistent Long Term Symptoms

By Mark Scherzer, Esq. (Law Office of Mark Scherzer) I’m still sick with COVID-19. Can I get disability benefits? If you can’t seem to recover from COVID-19 and are unable to return to work, you may be wondering if you can qualify for disability. The answer is, “Yes, probably, if you satisfy the terms of Read More

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If I am Not Disabled, but Lose My Job in a Coronavirus-Related Layoff, What Can I do to Keep my Medical, Life, and Disability Coverage?

By Mark Scherzer, Esq. (Law Office of Mark Scherzer) If you are facing a recent or imminent layoff because of the economic impact of the coronavirus (Covid-19) pandemic, you may be wondering whether it is possible to keep some or all of your existing company-sponsored employee benefits (such as your health plan, your group life Read More

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Can I Make a Disability Claim if My Job is Threatened by Coronavirus Layoffs?

By Mark Scherzer, Esq. (Law Office of Mark Scherzer) Have you been struggling to work despite a disabling condition that has adversely affected your ability to do your job?  Do you now fear that your job may be terminated due to an imminent Covid-19-related layoff or reduction in force?  If so, this may be an Read More

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What Will Happen to My Long Term Disability Benefits During the Coronavirus (Covid-19) Pandemic?

By A. Christopher Wieber, Esq. (Law Office of Mark Scherzer) Are you approved and receiving long term disability benefits?  Wondering what will happen to the payment of your benefits? Are you in the middle of a periodic monthly or annual claim update and concerned that you won’t be able to meet the insurance company’s deadline Read More

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Attorney Chris Wieber on Dorris, De Novo Review, and the Importance of Establishing All Elements of a Short or Long Term Disability Claim

By A. Christopher Wieber, Esq. (Law Office of Mark Scherzer) Dorris Reminder: Long-Term Disability Claimant Bears the Burden of Proof  The ERISA appeal process can be a legal minefield for the unwary claimant seeking to overturn the denial of short or long term disability benefits.  For example, a claimant may draft an appeal that focuses Read More

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Halo and Strict Enforcement of ERISA Health and Disability Benefit Claim Procedures

By A. Christopher Wieber, Esq. (Law Office of Mark Scherzer) In 2016, the Second Circuit Court of Appeals issued Halo v. Yale Health Plan, 819 F.3d 42 (2d Cir. 2016), a decision that has reinforced the important protections provided by ERISA’s full-and-fair-review procedural requirements.  ERISA’s regulations set forth rules regarding the timing and content of decision Read More

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Lay-Offs, Severance Packages and Long-Term Disability Claims: Compatible or Mutually Exclusive?

By A. Christopher Wieber, Esq. (Law Office of Mark Scherzer) What do you do if you’ve been struggling at work with a disabling medical or psychiatric condition, and your employer targets you for layoff/termination and presents you with a severance package that you must accept or decline within a very short time frame?  If you Read More

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Attorney Chris Wieber on New ERISA Disability Claim Procedure Regulations: Where We’re At, Where We’re Going

By A. Christopher Wieber, Esq. (Law Office of Mark Scherzer) In December, 2016, the Employee Benefits Security Administration (“EBSA”) adopted new, more protective procedural regulations governing the appeals of denied short and long-term disability claims governed by ERISA.  The original effective date of January 1, 2018, was delayed and the new disability claim procedures finally Read More

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