McKennon Law Group PC Achieves Complete Success at Trial Against Long-Term Disability Insurer Aetna in ERISA Lawsuit

Disabled claimants who suffer from conditions like myalgic encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS) often face difficult hurdles in getting their disability benefits paid because of the subjective nature of these conditions. There is no objective test,such as an imaging study or blood test, to definitively prove that someone is feeling tired or weak. Yet, the medical …

Read moreMcKennon Law Group PC Achieves Complete Success at Trial Against Long-Term Disability Insurer Aetna in ERISA Lawsuit

District Court Chastises Aetna for Committing Several ERISA Violations Through Its Denial of Disability Claims

Facing a long-term disability (“LTD”) claim, insurers often attempt to tip the scales against insureds in order to deny legitimate claims for benefits.  This imbalance can become especially pronounced where an insured primarily suffers from disabling conditions that are subjective in nature and difficult to objectively measure.  Instead of accepting the statements of physicians who …

Read moreDistrict Court Chastises Aetna for Committing Several ERISA Violations Through Its Denial of Disability Claims

McKennon Law Group PC Wins ERISA Disability Trial against Long-Term Disability Insurer MetLife

On March 24, 2020, after a bench trial in a 46-page opinion, Eastern District of California federal court Judge Troy Nunley ruled in favor of McKennon Law Group PC’s client in her ERISA lawsuit against her long-term disability insurer MetLife, who had denied her claim for long-term disability benefits. She had worked for Kaiser Permanente …

Read moreMcKennon Law Group PC Wins ERISA Disability Trial against Long-Term Disability Insurer MetLife

Withholding Doctor’s Reports Until the Date of Denial Violates an Insured’s Right to a Full and Fair Review

ERISA requires that an administrator provide a claimant with a “full and fair” review if a denial decision is made. It has long been held that an administrator must provide a claimant with copies of internal medical reports it generated and relied upon when making its decision to deny a claim, but when do these …

Read moreWithholding Doctor’s Reports Until the Date of Denial Violates an Insured’s Right to a Full and Fair Review

Court Reinstates Disability Benefits Because Insurer’s Vocational Expert Ignored Treating Physicians’ Opinions

When an insured becomes disabled and incapable of performing the duties of his or her occupation, long-term disability benefits can provide a much-needed form of substitute income. Given the potential importance of these disability insurance benefits, playing an active role in the claims handling process is integral to the success or failure of an insured’s …

Read moreCourt Reinstates Disability Benefits Because Insurer’s Vocational Expert Ignored Treating Physicians’ Opinions

Robert McKennon Publishes Article: Ninth Circuit: ‘Independent’ Physicians may Favor Insurers

In the September 8, 2016 edition of the Los Angeles Daily Journal, Robert McKennon of the McKennon Law Group published an article regarding the use of so-called “independent” physicians used by insurance companies as a pretense to deny valid claims. In the article entitled “9th: ‘Independent’ Physicians may Favor Insurers,” Mr. McKennon summarized the recent …

Read moreRobert McKennon Publishes Article: Ninth Circuit: ‘Independent’ Physicians may Favor Insurers

California District Court Rules That a Treating Physician’s Observations are “More Persuasive” Than a Paper Reviewer’s Contrary Opinions

When reviewing a claim for disability insurance, insurers and other claim administrators often rely on the opinions of paid physicians to support their improper denial decisions.  For example, a disability insurance company will hire a doctor to conduct a “paper review” – that is, reviewing an insured’s medical records, without actually examining the insured – …

Read moreCalifornia District Court Rules That a Treating Physician’s Observations are “More Persuasive” Than a Paper Reviewer’s Contrary Opinions

Claim Administrator’s Failure to Contact Treating Physicians Found To Be An Abuse Of Discretion Under ERISA

Under ERISA, insurers/claim administrators are required to give every insurance claim a full and fair review. Courts in the Ninth Circuit have construed this requirement in a manner that requires insurers/claim administrators to do more than simply have an in-house physician or nurse conduct a paper review of medical records.  This trend continues with the …

Read moreClaim Administrator’s Failure to Contact Treating Physicians Found To Be An Abuse Of Discretion Under ERISA

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Address: 20321 SW Birch St. Suite 200
Newport Beach, CA 92660

Phone: 800-682-4137

We also have offices in Los Angeles, San Diego and San Francisco.

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