Collier v. Lincoln Life Assurance Co. of Bos., No. 21-55465, __ F.4th __, 2022 WL 17087828 (9th Cir. Nov. 21, 2022) (Before Circuit Judges Paez and Watford, and District Judge Richard D. Bennett)Kantor & Kantor received a victory on a notable decision in the Ninth Circuit that addressed what arguments ERISA plan administrators and judges […]
Category Archives: ERISA
UMR Denies Power Wheelchair to College Student With Cerebral Palsy
Spencer Hoff is a young college student with a diagnosis of congenital cerebral palsy with spastic quadriplegia. He is non-ambulatory and has used a power wheelchair for years. The power wheelchair is Spencer’s means of mobility, independence, and freedom.Spencer is a productive and independent college student because of the power wheelchair with a joystick to […]
The Tide Is Turning For Insureds Seeking Coverage For Proton Beam Radiation Therapy
Proton Beam Radiation Therapy (“PBRT”) is a type of radiation cancer treatment. PRBT delivers a beam of protons directly to the cancerous tumor causing less damage to surrounding healthy tissue. Traditional radiation therapy provides for a less targeted approach, damaging surrounding tissue and causing greater side effects. Insurers have been reluctant to approve PRBT claiming […]
How Do You Win A Bad Faith Lawsuit?
What is bad faith? In many states, including California, Washington, Arizona, Nevada and Colorado, when your insurance company breaches their contract with you, it could potentially be more than a breach of contract. It could also be a breach of the implied covenant of good faith and fair dealing, which is known as “bad faith.” […]
HELP WITH LONG-COVID CLAIMS
The pandemic has taught us that the world has changed with COVID. Those trying to recover from this deadly disease are navigating a new world with medical practitioners who are unfamiliar with the long-lasting side effects and insurers who have never been receptive to conditions which cannot be measured by an x-ray or “dipstick.”“Long COVID” […]
Your ERISA Watch Blog Announcement
Kantor & Kantor is excited to announce that the “Your ERISA Watch” blog has moved here. Elizabeth Hopkins and Peter Sessions, with the assistance of Emily Payson, provide updates each week on current developments in ERISA law around the nation.View BlogListen to Our PodcastSubscribe to Our Blog
Three Things to Do That May Help When Appealing a Denial or Termination of Long-Term Disability Benefits
It is not uncommon that an initial claim for Long-Term Disability (“LTD”) is denied. This can be for a variety of reasons, most commonly including: lack of coverage, lack of medical evidence, lack of objective medical evidence, or a determination that, despite medical evidence of disability, the illness or injury is not significant enough to […]
Your Employee 401(k) Plan is Likely Being Mismanaged
Have you ever taken a minute to check on the funds offered in your employer’s 401(k) plan, or the administrative fees paid to outside vendors to manage it? If not, you should; hundreds of lawsuits have been filed against all types of companies by their employees alleging that their company’s 401(k) plan charges excessive administrative […]
Does Your Attorney Look for Reasons to Travel Across the Country to Take the Fight to the Insurance Company?
Kantor and Kantor does.This is the story of how Kantor and Kantor got a Federal Judge to change his mind after five years of litigation.In October 2021, a decision came out in the United States District Court for the Northern District of Georgia (Atlanta Division). After almost five years of litigation, the Federal Judge ruled […]
Don’t Let Your Claim Be Denied By A “FIBRO DENIER”
“…Fibromyalgia is a disorder characterized by widespread musculoskeletal pain accompanied by fatigue, sleep, memory and mood issues. Researchers believe that fibromyalgia amplifies painful sensations by affecting the way your brain processes pain signals. Symptoms sometimes begin after a physical trauma, surgery, infection or significant psychological stress. In other cases, symptoms gradually accumulate over time with […]