Disability Insurance Blog
McKennon Law Group PC’s Very Recent Success Stories Litigating California Disability Insurance Claim Denials
The dual roles insurers hold, as funding sources and claim administrators of disability plans, often impact their impartiality. Indeed, insurers have the discretion and financial incentive to deny claims and…
Why Is It Important To Exhaust Your Administrative Remedies Under ERISA When Your Insurer Denies Your Disability Insurance Claim?
The Employee Retirement Income Security Act of 1974 (“ERISA”) provides an exclusive remedial scheme for insureds who have been denied benefits. 29 USC section 1001 et seq. Under ERISA, a…
Components of an ERISA Disability Insurance Claim
Under your employer-sponsored disability policy, you are entitled to income replacement benefits if you are disabled and unable to work due to an injury or sickness. However, recovering on the…
Components of an Individual Long-Term Disability Insurance Claim
When you purchase an own occupation individual disability insurance policy, the insurer promises to pay for total disability or residual disability in the event you are unable to perform the…
LINA Ordered to Pay the McKennon Law Group Attorneys’ Fees and Costs
On May 13, 2014, a respected Central District of California Federal Court Judge, Margaret M. Morrow, issued an Order granting Plaintiff’s Motion for Attorneys’ Fees and Costs. In the Order,…
A Pro-Insurer Decision Provides Guidance for Insureds on the Application of Estoppel and Waiver to Statute of Limitations Defenses in Disability Insurance ERISA Cases
At times, decisions that appear favorable to insurers can also have unexpectedly positive take-aways for policy holders. Gordon v. Deloitte & Touche, __ F.3d ___, 2014 U.S. App. LEXIS 6688…
Leaders in Long-Term Disability Insurance, Life Insurance and ERISA Insurance Litigation
We founded McKennon Law Group PC for one purpose: to provide our clients effective representation targeted to get the best results possible. With single-minded focus, we aim to achieve our…
Los Angeles/Orange County Disability Insurance Claims
Every year, thousands of people suffering from severe sickness or injuries have to file claims with their disability insurance company. Disability insurance policies are often complicated and difficult to interpret…
ERISA Administrator Must Show That a Theoretical Job Actually Exists in Order to Serve as Justification for Claim Denial
A common justification for denying a claim for long-term disability insurance benefits or short-term disability insurance benefits is that the claimant is capable of returning to work in another job. …
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…