Kantor and Kantor recently obtained long-term disability benefits for a client with multiple sclerosis. He worked with the disease as an executive for a number of years, but slowly his illness progressed, and he struggled to continue working.He developed cognitive issues which became progressively worse, causing him to have difficulty making decisions, trouble organizing and […]
Myalgic encephalomyelitis (ME) – also called chronic fatigue syndrome (CFS) – is a serious and often permanent health condition characterized mostly by constant exhaustion and chronic pain. Although this condition is diagnosed hundreds of thousands of times per year in the United States, it is still not well understood. It is hardy even talked about […]
Lupus is a chronic, autoimmune disease that causes inflammation anywhere in the body and can affect any of your organs, the skin, and joints. According to the Lupus Foundation of America, there are an estimated 1.5 million Americans living with this disease and 90% of the people living with lupus are women. People with lupus […]
Every April marks National Parkinson’s Awareness Month in the United States. Parkinson’s disease (PD) occurs when brain cells that make dopamine, a chemical that coordinates movement, stop working or die. Because PD can cause tremor, slowness, stiffness, and walking and balance problems, it is called a “movement disorder”, but other non-movement symptoms also can be […]
March is Multiple Sclerosis Awareness MonthMultiple sclerosis (MS) is a chronic disease that involves the central nervous system. The immune system attacks the protective covering around nerves, causing a disruption of communication between the brain and body. Among others, MS symptoms can commonly affect walking, vision, thinking, speaking, sensation, and memory. MS is unpredictable, and […]
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 […]
In 1972, Congress passed legislation to provide automatic increases linked to a rise in consumer prices. Recipients would no longer have to wait for Congress to take action to receive an increase. The first automatic increases to Social Security benefits took effect in 1975. After 1982, cost of living adjustments (“COLAs”) were effective for December […]
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 […]
