New Jersey Disability Lawyer Blog

In December 2012, we posted a blog regarding laws protecting Long Term Care Insurance consumers. Long Term Care is becoming an increasingly important area of focus as our population ages. However, the data inescapably indicates that LTCI is far more of a women’s issue than a men’s issue. The New York Times recently published an…

The issue of whether a claimant with a relapsing and remitting condition is entitled to benefits arises fairly frequently in the disability context. Insurance companies often justify a denial of benefits on the fact that a claimant is in remission, or on the fact that a claimant’s variable symptoms have abated for a period of…

Fibromyalgia remains an enigmatic condition, as its symptoms are entirely self-reported and there is no objective testing that can confirm the presence of the disease. See MD Guidelines. This often makes it extremely difficult for claimants with fibromyalgia to get their disability carriers to pay their claims. Fortunately, the Social Security Administration came out with…

On November 27, 2012, the Supreme Court of the United States heard oral argument in the matter of U.S. Airways, Inc. v. McCutchen. The question is simple — can an insurer require an ERISA beneficiary to reimburse it for health coverage payments made if the individual recovers money from the responsible party? In the usual…

According to the National Institute on Aging and Alzheimer’s, early identification of Alzheimer’s may lead to earlier medical treatment. This is due in part to two things: 1) medical advances allowing a better understanding of cognitive decline due to age versus Alzheimer’s and 2) new criteria from expert panels of the National Institute on Aging…

The American Psychiatric Association has recently approved the Fifth Edition of the Diagnostic and Statistical Manual of Mental Disorders, or DSMV. The New York Times reports that after an extensive debate, the Association compiled a manual that provides new criteria for addressing some of the most common and controversial mental disorders. In certain instances, new…

With the American population aging and the future of the already-limited Medicare and Medicaid programs uncertain, private Long Term Care Insurance may be the best remedy for ensuring that elderly and chronically ill citizens receive suitable care to fit their medical and quality-of-life needs. However, the cost of LTCI remains out of reach for many…

The government has implemented a mandatory program to shift the health industry into the digital age. The Health Information Technology for Economic and Clinical Health Act enacted under Title XIII of the American Recovery and Reinvestment Act of 2009, provides incentives to physician practices and hospitals. But for those who do not meet the electronic…

Breast cancer strikes far too many women every year. However, new research has identified four different types of breast cancer, leading researchers to investigate how treatments may be specifically geared toward each type of cancer to make therapy more effective. Women become unable to work during cancer treatment including chemotherapy, which often causes cognitive challenges…

Chronic Fatigue Syndrome (CFS) is a serious medical condition that affects an estimated one million Americans. CFS can be a disabling condition that prevents you from working. CFS is not easily diagnosed as there are no objective tests such as blood tests or scans that can detect CFS. The Center for Disease Control has specific…