Category: Uncategorized

The California Department of Insurance regulates the insurance industry in the state. If you suspect your insurance company has been surveilling you while you’re out on a workers’ compensation claim, a disability claim, or even a personal injury (auto accident) claim, you can go to the department’s website and search for “surveillance.” If you do, […]

Millions of people around the world are COVID long haulers, which means they are experiencing symptoms of the disease many months after having an acute bout of the illness. The Journal of the American Medical Association performed a comprehensive analysis of studies and found that more than half of COVID patients suffer from long-haul symptoms. […]

WHEN AN LTD CLAIM BECOMES NECESSARY People with lupus, multiple sclerosis, fibromyalgia, arthritis, spinal stenosis, depression and other serious conditions often work with serious challenges that many people do not understand. Despite engaging in a heroic struggle to remain on the job, a person afflicted with such a condition may reach a point where he […]

When reviewed by the District Court, the ERISA disability denial is often — but not always — subject to the “de novo” standard of review rather than the “discretionary” standard of review. Under the “discretionary” standard of review (also known as the “abuse of discretion” standard of review, the District Court must defer to the […]

An insurance company will often deny a claim for total disability on the ground that is based solely on the claimant’s “self-reports.”  The insurance company is especially likely to assert this “self-report” defense where the claimant suffers from a condition like chronic fatigue syndrome or fibromyalgia that rarely, if ever, produces any “objective findings” on […]