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Disability Insurance Blog
What Should You Do If Your Insurer Rescinds Your Insurance Policy?
What if you file an insurance claim, and instead of simply denying your claim, your insurance company informs you that your policy has been rescinded? The company may be operating…
What Happens With an ERISA De Novo Review?
Private sector, employer-sponsored insurance plans are regulated by the Employee Retirement Income Security Act of 1974 – ERISA. ERISA is the federal law that establishes the minimum standards for group…
Insurers Cannot Deny California ERISA Accidental Death Claims Based on a Policy’s Intoxication Exclusion That is More Broad Than the Language of the California Insurance Code
If you have life insurance providing for Accidental Death and Dismemberment (AD&D) benefits, your policy includes various exclusions which, if any apply, may allow the insurer to avoid paying you…
Ninth Circuit Appeal Court Finds ERISA Disability Claimant Achieved “Some Success on the Merits” Under Hardt Where the District Court Remanded His Disability Claim to the Insurer Due To Deficiencies in the Initial Claims Review Process
The Ninth Circuit has recently joined the majority of federal courts in adopting the rule that if a claimant is able to convince a federal court to rule that an insurer’s…
Beware The Pitfalls and Unforeseen Ways That Your Disability Benefits Can Be Impacted By Offsets
Suppose some unforeseen event leaves you unable to continue working. If you have insurance covering short-term disability, long-term disability, or both, you will be eligible to receive benefits determined by…
What Happens If I Lose My Job While On Long Term Disability Benefits? – McKennon Law Group PC
Have you lost your job while on long term disability benefits? When a worker in California becomes injured, they can file a claim with their insurance company, and, after a…
Federal Court Awards Benefits to ERISA Long-Term Disability Claimant, Finding That Insurer Company Failed to Provide Evidence That a Pre-existing Condition Substantially Caused the Disabling Injury
Insurance companies will go to great lengths to avoid paying claims. One way in which they do that is by trying to shoehorn the facts of the claim into a…
Winning ERISA Disability Insurance Appeals
Claims made for short term disability and for long term disability benefits are frequently denied by ERISA plan benefits administrators. Congress enacted ERISA to provide a level of minimum standards…
Medical Conditions Without Objective Proof Not an Automatic Bar to Long-Term Disability Benefits
Court Determines That Recognized Medical Conditions Without Objective Proof of Disability Will Still Support a Claim for Long-Term Disability Benefits Claimants for long-term disability benefits often face an uphill battle…
Los Angeles Daily Journal Publishes Article on April 21, 2021 by Robert McKennon Entitled “Ruling Clarifies who Qualifies as an ERISA Fiduciary”
In the April 21, 2021 issue of the Los Angeles Daily Journal, the Daily Journal published an article entitled “Ruling Clarifies who Qualifies as an ERISA Fiduciary” written by the…
