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New Jersey Disability Lawyer Blog

New Jersey Consumers Entitled to Review of Disability Claims Denied from 2009-2010
Bonny G. Rafel, LLC

In May of this year, a four year Targeted Market Conduct Examination of CIGNA and Life Insurance Company of America (LINA)’s Disability Income Insurance Claim Handling Practices was concluded by the Departments of Insurance in Maine, Massachusetts, California, Connecticut and Pennsylvania. Review the Regulatory Settlement Agreement of May 13, 2013. See CIGNA’s discussion of this…

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The Importance of Medical Support For Your Disability Claim
Bonny G. Rafel, LLC

A key to a successful disability claim is support from your treating doctors. They will be called upon to complete forms and often are requested to speak with medical consultants from the insurance companies who will ask them to confirm your restrictions and limitations. We recognize the importance of working with doctors, and having them…

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CIGNA Agrees to Review Disability Claims Denied 2009-2010 and Change Disability Denial Practices
Bonny G. Rafel, LLC

A four year Targeted Market Conduct Examination of CIGNA and Life Insurance Company of America (LINA),’s Disability Income Insurance Claim Handling Practices was just concluded by the Departments of Insurance of Maine, Massachusetts, California, Connecticut and Pennsylvania. Review the Regulatory Settlement Agreement of May 13, 2013. See CIGNA’s discussion of this in its SEC filing.…

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Supreme Court to Rule on Time Limitations for Filing ERISA Insurance Lawsuits
Bonny G. Rafel, LLC

The Supreme Court of the United States recently granted certification in the matter of Heimeshoff v. Hartford Life & Accident Ins. Co., 496 Fed. Appx. 129 (2d. Cir. 2012), in which the Second Circuit determined that Heimeshoff, who had been denied disability benefits in 2005, had no remedy against Hartford because she was in violation…

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Disabled Nurses
Bonny G. Rafel, LLC

Disability insurance policies provide benefits if you cannot perform the duties of your occupation. How does this apply to nurses working in a specialty? The insurer may categorize nurses as a registered nurse and overlook the demands of the medical specialty. A neonatal nurse or emergency room nurse needs mobility and exemplary multitasking skills to…

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Forum Selection Clauses in ERISA Disability Insurance Policies Found Unenforceable
Bonny G. Rafel, LLC

As a general rule, litigation over matters of insurance coverage should take place in the Federal or State forum in which the insurance contract is signed. However, disabled claimants are sometimes surprised to learn that their policy contains a “forum selection clause”–a provision in the policy dictating that any litigation regarding the contract must take…

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How to Prove Your Disability Based on Fibromyalgia or Chronic Fatigue Syndrome
Bonny G. Rafel, LLC

If you are suffering from fibromyalgia or chronic fatigue syndrome (CFS) and need to go on disability, chances are that you will receive push back from your short term or long term disability insurer. Insurers often resist claims based on fibromyalgia and CFS. More often than not, insurers will require claimants to provide “objective evidence”…

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Working While Disabled–Why You May Be Entitled to Disability Benefits Before Leaving Work
Bonny G. Rafel, LLC

As disability attorneys, we often meet with individuals who have continued working after developing a disabling condition for various reasons, both financial and professional. Insurance companies will often refuse to find a claimant disabled until he or she stops working entirely. However, some individuals may have a legitimate disability claim that begins prior to leaving…

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ERISA May Apply to an Individual Policy if Purchased with Other Employees With a Premium Discount
Bonny G. Rafel, LLC

Often employees are offered individual disability policies at a discounted rate if purchased with other employees. The employee may deal directly with a broker or the insurance company to purchase the policy, with the only employer connection a payroll deduction for premiums. The employees expect they have purchased an individual disability policy that is not…

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Client Reviews

I was an Engineer in a Research and Development division of a major corporation, putting in longer hours with the same workload. An unrelated episode landed me in the hospital, where I was DXd with Primary Progressive Multiple Sclerosis, which explained my decline at work. I then learned that I had...

Charlie

I would like to re-acknowledge what a difference your work has made in my life. When forced to retire 5 years ago, you dedication to helping me enroll into my disability policy has made all of the world of difference.

George

I cannot thank you enough for successfully appealing my disability benefits. My special thanks also to Eileen for all of their assistance, support and expertise. Your legal expertise of disability benefit entitlement was evidenced by your comprehensive and knowledgeable litigation of my appeal. I...

MaryJo