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Ben's Blog 
Disability Insurance Claims
- When Hartford comes a calling....
- "ERISA Sucks" Judge Refuses to Vacate Order
- A Federal Judge Explains Why ERISA Sucks (Believe Me, It Does)
- VA Worker's Comp Commission Rules Facebook To Be Protected
- First UNUM Finally Loses 15 Year Old Disability Case
- Do I Have To Do Everything My Insurance Company Requests?
- What If My Doctor Refuses To Cooperate With Me In A Claim For Disability?
- What If My Termination Letter Says I Missed A Deadline, Is My Case Lost?
- Does ERISA Apply If I Work For A Government Agency?
- If I'm Involved In A Disability Lawsuit, How Long Will It Take To Resolve?
Virginia Lawyers Weekly » Verdicts & Settlements 
What a Federal Judge Said About ERISA Disability
Federal Judge says: "Get a Lawyer"
Our work in disability insurance cases becomes more difficult (and expensive) if you have made mistakes in filling out forms, giving recorded statements or if your doctor has filled out “attending physician reports” without really understanding the traps. Recently, for example, we reviewed a file where the doctor had already written “no limitations” on the claim form. The doctor thought this was needed to allow the claimant to try a few hours of work. Unfortunately, that doctor destroyed the entire claim before it could even get off the ground. If they had only faxed us the form in advance we could have saved the claim by making sure that the doctor knew the ramifications of that statement. There is a way to accomplish what the doctor was trying to do! It’s not just Ben Glass saying this. A respected federal judge has said claimants who start the disability claims process without an attorney are at a distinct disadvantage and often face a loaded deck. The judge said: "The Court also recognizes that ERISA claimants may not have the advantage of legal advice or favorable referrals before the administrative process is complete, placing such claimants at a distinct disadvantage if discovery is not permitted on judicial review. For ERISA claimants not able or aware enough to hire legal counsel before the administrative process is complete, they likely enter into judicial review facing a loaded deck." Abromitis v. CNA, (Federal Court, North Carolina.) Want to know more about disability insurance cases? If you live in Virginia, Maryland or the District of Columbia you can get a free book by Virginia disability insurance attorney Ben Glass. Just fill out this form.
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Latest News
- Posted on 11/17/2009Unum Orders Functional Capacity Exam, Then Ignores It
- Posted on 11/17/2009Sun Life Could Not Simply Ignore Social Security Award
- Posted on 10/22/2009Prudential insurance company loses another disability case
- Posted on 10/18/2009MetLife Hammered in Disability Case After Ignoring Treating Physician Opinion
- Posted on 9/30/2009Judge Calls Hartford's Review of File "Incomplete, Selective and Unreasonable"