Month: October 2022
COVID & Disability Claims

Without question, COVID has had a significant impact on everyone’s life. For some, the effects have been more pronounced than others. And while we have made substantial strides forward in dealing with its threats, the true long-term impacts are still
The Edge Series: What are “Disability Earnings?”
The lawyers in our firm are focused on helping people with disability policies and ERISA claims. We want to give you the edge in understanding your policy. Today, we want to help you understand what the term “disability earnings” means
CIGNA Accused of Underpaid Benefits

One tool that can be effective in correcting unfairness with underpaid medical benefit claims is the class-action. An example can be seen in the recent class action filed in the United States District Court for the District of Connecticut, Stewart
The Edge Series: What is Reasonable Accommodation?
The lawyers in our firm are focused on helping people with disability policies and ERISA claims. We want to give you the edge in understanding your policy. Today, we want to help you understand what the term “reasonable accommodation” means
Supreme Court to Decide: If I Earn My Pay One Day at a Time, Am I a Salary Employee?

A frequent debate between employers and employees is whether the employee is exempt or nonexempt. The reason why that matters is usually linked to whether overtime is due to be paid under the Fair Labor Standards Act (FLSA). Nonexempt employees
The Edge Series: What Does “Own Occupation” Mean?
The lawyers in our firm are focused on helping people with disability policies and ERISA claims. We want to give you the edge in understanding your policy. Today, we want to help you understand what the term “own occupation” means
A Cinderella Story: Stepmother Breaks Employment Law to Shut Out Her Stepdaughter

The facts of a recent case read like Cinderella. Batal-Sholler v. Batal, 2:21-cv-00376-NT (D. Me. Aug. 15, 2022). But the lessons in employment law still resonate. Facts of the Case: Ed started an insurance agency in the 1960s. In 1983,
The Edge Series: What Does “Any Occupation” Mean?
The lawyers in our firm are focused on helping people with disability policies and ERISA claims. We want to give you the edge in understanding your policy. Today, we want to help you understand what the term “any occupation” means
At the Discretion of the Company Meaning… in ERISA

If you recall the post a few weeks ago on the Stewart v. Hartford case, you will remember that discretion in an ERISA disability benefit plan was a big problem. With discretion, the court allowed the insurance company to interpret