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Сообщения за июль, 2022

Employee Assistance Programs on the Rise: Disability Plans Often Overlooked

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  Crain's Chicago Business published an article today about Chicago-based ComPsych Corp. executing several new agreements worth tens of millions of dollars with employers nationwide to provide employee assistance programs ("EAPs"). The article references how during difficult economic times, employees utilize these programs more. There is a greater onset of alcohol or substance dependence. Likewise, these EAPs have expanded to include counseling for managing marital problems, stress and obesity. I highly praise these programs for helping employees manage difficult problems. However, a central purpose of these programs is still to help employers by mitigating the extent to which life's obstacles decrease employee productivity. Lawyer office in Ohio . While many of life's obstacles are of the sort that can and should be properly addressed with an EAP, often executives, professionals and other employees overlook the employer's disability insurance plan. Sometimes,

Aetna's Denial of Disability Benefits Held to Be an Abuse of Discretion

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 Employees in Chicago and the Midwest often call my office and inquire about the "conflict of interest" in ERISA long-term disability cases. Few cases will be determined based on whether there is a conflict of interest, as insurers have become more clever at creating an appearance of there being no conflict of interest. But the best way to understand how the conflict applies in cases is to witness it changing the outcome of a case. In 2008, the United States Supreme Court held that where an ERISA plan administrator (such as an insurance company) both evaluates and makes benefit determinations, and is the source of funding to pay the benefits, the administrator is under a structural conflict of interest that should be weighed in judicial review of whether the administrator abused its discretion. Metropolitan Life v. Glenn, 554 U.S. 105 (2008). Lawyer firm in Ohio . That does not necessarily mean the abuse of discretion standard will not apply; it just means a reviewing court

Only Multiemployer Plans May Make Disability Determinations at Quarterly Meetings

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  Employees in Chicago and the Midwest who are participants in plans maintained by associations finally have clarity about the required administrative claims process when seeking long-term disability benefits. Often association boards meet on set schedules, such as monthly or quarterly. The boards may have used these meetings in the past in order to make determinations on claims for benefits from plans established and maintained by the association. Lawyer firm in Ohio . But a recent decision from the United States Court of Appeals for the Ninth Circuit may have changed that forever. In Barboza v. California Association of Professional Firefighters, No. 09-16818, 2011 U.S. App. LEXIS 13341 (9th Cir. June 30, 2011), Barboza was a participant in a long-term disability plan maintained by the California Association of Professional Firefighters. Barboza filed his claim for disability benefits, but the association's board did not render a decision on the claim until its next scheduled qu

LINA's Surveillance of Disability Benefits Applicant Used to Terminate Benefits, but Termination Was Arbitrary and Capricious

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  Employees in Chicago and the Midwest have mostly heard about insurance companies, especially ERISA long-term disability insurers, employing video surveillance when evaluating claims. Insurers have created this mass misconception that disability applicants get caught in the act of performing activities wildly inconsistent with the claimant's asserted limitations. But the truth is the insurers use the surveillance in many cases, and these so called "inconsistencies" are far more subtle than the insurers would have many believe. In a recent case, Life Insurance Company of North America ("LINA") terminated the long-term disability benefits of a claimant because it captured her on video surveillance removing groceries from her trunk in September 2007, and during January 2008 walking with a cane and test-driving a vehicle. Hunter v. Life Ins. Co. of N. Am., No. 10-1244, 2011 U.S. App. LEXIS 13598, at *4-6 (6th Cir. Jun29, 2011). Hunter had been diagnosed with degen

Burdge Law Office

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  We are experienced lemon law lawyers. Our attorneys and staff have owned lemon vehicles and we hated it too. That is why we are committed to helping you enforce your legal rights. If it is a lemon, we can help you get rid of it and get your money back or a new one that runs right. Our law practice group has been helping people like you get rid of lemon law vehicles for over 35 years. Our attorneys know the law so well that we have been invited to explain other consumer protection laws to other attorneys and college professors at national seminars and conferences.

Stevens Law Firm

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  Routinely working with driven, bright, and talented people. Helping to build businesses. Facilitating the development and advancement of technology. Pursuing and solving litigation issues. Assisting entrepreneurs in achieving their dreams. For us, this isn’t work. We genuinely enjoy connecting with ambitious individuals and promising companies and playing key roles in the development of both, by offering innovative and efficient legal solutions. We’d love to get to know you more. Let us know today how we can help you.

RBR Law Firm in Ohio

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 Founded in 1973, Ruppert, Bronson, & Ruppert Co ., L.P.A. is a team of four attorneys providing experienced representation in southwest Ohio courts. We offer free consultations for your legal needs including personal injury and medical malpractice, criminal defense, estate planning and probate, domestic relations and family law, OVI/traffic and business matters. With over 125 combined years of experience practicing law in southwest Ohio our firm is consistently awarded the highest possible rating (AV) by Martindale-Hubbell, a nationally recognized directory of attorneys. Additionally, our firm secured one of Ohio's largest personal injury jury verdicts in 1998 and has fought for its clients all the way to the United States Supreme Court.

HNB LAWYERS

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 The government, big businesses and insurance companies have plenty of money and lawyers to help them get what they want in a dispute with an individual person. But what if it’s your injury compensation, disability benefits or a workplace discrimination claim that’s on the line? Who helps you? That would be HNB. The Horenstein, Nicholson & Blumenthal law firm started in Dayton 40 years ago with the goal of helping everyday people in Ohio when they’re up against big institutions and difficult situations. Since then, our lawyers have helped thousands of people bring peace and stability back to their lives, securing more than $500 million in financial assistance. We help people with Social Security Disability benefits, veterans’ disability benefits, workers’ compensation, problems involving employment law, accidents and personal injury claims, and more. The legal system isn’t always friendly to you. But our guiding purpose is to be your friend in trying times. Generations of Ohi

Best lawyer in Ohio

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 Conveniently located in Delaware‚ the Workman Law Firm proudly serves all of central Ohio. We regularly practice thoughout the State in all Municipal‚ County‚ and State Courts. We are also Licensed to practice in The United States District Courts of Ohio (Northern and Southern Districts)‚ The United States Bankruptcy Courts of Ohio (Northern and Southern Districts)‚ and The United States Tax Court.   Although our central location provides us the opportunty and unique ability to practice throughout the entire state‚ we have a significant presence in Crawford‚ Delaware‚ Franklin‚ Hardin‚ Knox‚ Licking‚ Logan‚ Marion‚ Morrow‚ Union‚ and Wyandot counties. The cornerstone of our practice is the personal interest we take in meeting the legal needs of our clients.  Our ability to effectively serve our clients stems from our experience and training in many areas of law‚ combined with our knowledge of‚ and involvement in‚ the communities we serve.