New Jersey Disability Lawyer Blog

Now that tri-state area residents are into the third week of Hurricane Sandy’s aftermath, and immediate issues such as power restoration and supply shortages begin to resolve, the attention for many will now turn to recompensing their losses caused by damage to their property. As the New York Times reports, this process will inevitably prove…

When Hurricane Sandy swept through New Jersey and the tri-state area, its winds and rains wrought unprecedented property damage on the region. In the wake of the storm, the New York Times reports that insurers are expecting property damage claims in excess of ten billion dollars. Homeowners and businesses filing claims must be careful, because…

The attorney-client privilege provides confidentiality for all communications between attorneys and clients pertaining to legal advice. However, the courts have carved out an exception for fiduciaries–including insurance claims administrators–under principles of trust law, which requires the furnishing of information to trust beneficiaries in order to protect their rights, and which holds that a trust attorney’s…

Surveillance is a common practice among disability insurers. Insurance companies often enter into lucrative deals with security and surveillance firms in an endeavor to “catch” individuals performing activities that conflict with their claimed limitations. While this usually involves observing an insured outside of the home running errands or performing basic activities of daily living, the…

A recent Seventh Circuit decision illustrates that pursuing a claim for disability benefits is not as straightforward as claimants would hope, and that claimants must follow ERISA’s requirements to the letter in order to obtain the benefits they deserve. In Schorsch v. Reliance Standard Life Ins. Co., No. 10-3524 (7th Cir. Aug. 28, 2012), Reliance…

Over 2.7 million Americans suffer from Epilepsy. Its disabling affects are well known, from petit mall seizures which incapacitate patients for brief periods to grand mal seizures which can lead to physical injuries, coma, and death. While some epilepsy patients benefit from medication which allows them to function in their daily lives, others suffer from…

Prudential is facing a class action suit for fraud in the United States District Court for the District of New Jersey for selling Buy-Up Long Term Disability Insurance, Supplemental Term Life Insurance, and Supplemental Accidental Death & Dismemberment policies to employees of defense contractors working overseas without disclosing the presence of a wartime exclusion in…

Sleep apnea has been known to be a disabling and potentially life-threatening condition. According to two new studies recently presented to the American Thoracic Society, patients should add cancer to the list of the disease’s potential complications. See New York Times, May 20, 2012. The results are startling. Researchers in Spain found that patients who…

As more and more individuals establish an online presence, insurance companies are looking to cyberspace to investigate – and in some cases find evidence which may support the denial of insurance disability claims. The implications are twofold. “E-investigations” provide a method of ensuring that only valid claims are paid and that insurance costs to consumers…

For patients suffering from cancer, treatment may only be the first battle. Insureds who receive disability benefits during the course of radiation and chemotherapy may be denied benefits by their insurers once they enter remission, based on the insurer’s argument that they no longer suffer from the disabling condition (cancer) that put them out of…