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 […]
At Kantor & Kantor LLP, we like to refresh and give updates on certain parts of the process we use to help individuals. We feel that the more people understand their insurance benefits, the better they will be able to fight when benefits are denied. Long-term disability (LTD) insurance is a large part of this […]
As many healthcare providers have experienced, anti-assignment provisions in ERISA health plans can be a full stop to recovering unpaid claims. In good news, the Ninth Circuit Court of Appeals recently decided Martin Luther King, Jr. Community Hospital v. Community Insurance Company dba Anthem Blue Cross Blue Shield, et al., No. 19-55053, __F.App’x__, 2020 WL […]
The Kantor & Kantor, LLP team will continue to provide legal support throughout the duration of the COVID-19 pandemic.Our office locations in Northridge (Los Angeles), San Francisco, San Jose, San Diego and Seattle are currently closed to comply with social distancing and “stay at home” orders.However, we are still offering our services virtually, both via […]
