By markscherzer | Published February 20, 2020 | Posted in Long Term Disability Benefits |
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
Read MoreBy 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
Read MoreBy 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
Read MoreBy 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
Read MoreLawyer Mark Scherzer was recently quoted in Crain’s New York Business on CIGNA’s deal to acquire Express Scripts. Mr. Scherzer noted that such acquisitions may benefit insurance consumers and policyholders because when insurance companies acquire pharmacy benefit managers (PBMs), the PBMs become part of the regulated insurance industry and may themselves become more susceptible to Read More
Read MoreThis blog started in December, 2017. Our attorneys’ prior legal blog posts regarding miscellaneous health insurance, life insurance, and long term disability issues can be found at the following links: Mark Scherzer — Link: health and disability law posts. (https://www.lawyers.com/new-york/new-york/mark-p-scherzer-499567-a/blogs/) A. Christopher Wieber — Link: disability law posts. (https://www.lawyers.com/new-york/new-york/christopher-a-wieber-2298580-a/blogs/)
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