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 […]
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 […]
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 […]
“…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 […]
What is the Difference Between ERISA and Insurance Bad Faith Litigation?Many people find themselves needing to bring suit against an insurance company. But not all lawsuits against insurers are governed by the same laws. If you obtained benefits through your employer and experience a wrongful denial of those benefits, you can bring suit to obtain the […]
Courts Are Right To Reject Insurer ERISA Attorney Fee AwardsBy Elizabeth Hopkins, Partner at Kantor & Kantor, LLPExpert Analysis – OpinionAs the U.S. Supreme Court has often recognized, the Employee Retirement Income Security Act is remedial legislation that is primarily intended to protect plan participants and beneficiaries, promote their interests and ensure that they receive the benefits they […]
The State Of Article III Standing In ERISA CasesBy Elizabeth Hopkins, Partner at Kantor & Kantor, LLPExpert AnalysisMore than a year after the U.S. Supreme Court’s June 2020 Employee Retirement Income Security Act ruling in Thole v. U.S. Bank, it is fair to ask whether lower courts have heeded the justices’ admonition and made sense of […]
Why Do I Have to File a Lawsuit?When an ERISA long-term disability appeal gets denied, the next step is, potentially, to file a lawsuit in federal district court. Some clients already know that they would like to settle their case and ask, why can’t we just negotiate a lump sum settlement with the insurance carrier? […]
The United States Department of Education recently announced it would forgive the student debt of more than 300,000 disabled borrowers. Could this impact your long-term disability benefits?The topic this pertains to is offsets (amounts that can be subtracted). Insurance carriers are allowed to take offsets from their claimants’ benefits. The “Other Income” provision of your […]
Your ERISA Watch – What a Difference Discretion MakesMayer v. Ringler Assocs. Inc., No. 20-1281, __, F.4th __, 2021 WL 3556473 (2d Cir. Aug. 12, 2021) (Before Circuit Judges Walker, Sack, and Menashi).This week’s notable decision demonstrates the uphill battle ERISA claimants face in litigation with insurers over their employee benefits, particularly where courts apply […]
