The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Eleven: Personal Statements and Witness Statements

In this several-part blog series titled The Basics of an ERISA Life, Health and Disability Insurance Claim, we discuss the basics of an ERISA life, health, accidental death and dismemberment and disability claim, from navigating a claim to handling a claim denial, through preparing a case for litigation.  In Part Eleven of this series, we …

Read moreThe Basics of an ERISA Life, Health and Disability Insurance Claim – Part Eleven: Personal Statements and Witness Statements

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

Second Circuit Finds Plaintiff Properly Plead Theories of Equitable Estoppel, Surcharge, Reformation and Breach of Fiduciary Duties to Hold Plan Administrator to Promise After Its Clerical Error Provided Over 50x Policy Value

Big, bureaucratic insurance companies and plan administrators can often mistakenly calculate benefits or provide incorrect accountings to insureds.  These mistakes can become especially pronounced over time where insureds rely upon benefit accountings and representations of coverage to plan for their financial future and to decide whether to purchase insurance.  With the Supreme Court’s decision in …

Read moreSecond Circuit Finds Plaintiff Properly Plead Theories of Equitable Estoppel, Surcharge, Reformation and Breach of Fiduciary Duties to Hold Plan Administrator to Promise After Its Clerical Error Provided Over 50x Policy Value

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

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