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Recent Blog Posts

Employer Group Benefits: Can the employer make another state’s law apply?

picutre of statute book showing the Employee Retirement Income Security Act

ERISA – The Employee Retirement Income Security Act When you buy insurance through an employer’s group plan, a federal law called ERISA applies.  ERISA is the acronym for the Employee Retirement Income Security Act, a federal law passed in 1974 to encourage employers to provide insurance and pension, and to protect those benefits for workers.  […]

ERISA TIP: You Must Appeal A Denied Claim and Submit Evidence to Prove the Insurer Was Wrong

picture of insurance claim form with rejected stamp on it

Diana Werbianskyj’s husband died after being electrocuted while installing lights from a scissor lift at work.  While dealing with this horrible tragedy, she filed a claim for Accidental Death benefits under her husband’s accidental death insurance policy that he had through his employer, Parker Hannifin Corporation.  Parker Hannifin’s plan was insured by a group Accidental Death & Dismemberment (AD&D) policy […]

Multiple Sclerosis Disability: MS Disability Lawsuit Settled

graphic of Multiple Sclerosis symptoms with percentages of occurrence

Multiple Sclerosis (MS) Symptoms A national disability insurance company denied long term disability benefits to our client – a nurse that suffered from Multiple Sclerosis.  Our client participated in a group Long Term Disability (LTD) plan through work, and the disability insurance company underwrote the group disability insurance policy which funded the plan. Not surprisingly, […]

Co-Morbid Conditions and Their Impact on Multiple Sclerosis Disability

graphic with words showing symptoms of Mulitple Sclerosis

The National Multiple Sclerosis Society Provides Good Information for MS Patients The August 16, 2016 MS Clinical Care Connection from the National Multiple Sclerosis Society has some useful information about co-morbid conditions and how they impact MS.  “Co-morbidity” is a medical term that simply means the simultaneous presence of two chronic diseases or conditions in […]

Cluster Headaches Long Term Disability Claim Paid by Liberty Life

Cluster Headaches Can Cause Severe, Disabling Symptoms Our client, a general manager of a large restaurant franchise began to suffer from cluster headaches. Cluster headaches are more intense than migraines but do not last as long as migraines. When he suffered a cluster headache he was unable to do anything due to intense pain. He […]

Is it an ERISA Plan or Not? Court Allows Discovery to Decide if AD&D Policy is ERISA Plan

ERISA – The Employee Retirement Income Security Act A Nevada federal judge has allowed an insurance company to get discovery into whether an Accidental Death (AD&D) insurance policy was a group plan or not.  That is a crucial fact in insurance cases, because there are huge differences between state law which regulates individual policies and […]

Sedgwick gets a doctor to change his opinion, deletes important information, and removes records from the claim file!

Our client came to us after Sedgwick denied her claim for long term disability insurance benefits. Our client had and still has severe, intractable back pain following failed back surgery and had tried every treatment option out there. On a daily basis she was taking Fentanyl and Percocet, in addition to Lyrica and Soma – […]

John V. Tucker Named One of the Top Attorneys in the Tampa Bay Area

picture of disabilty and life insurance attorney John V. Tucker

John V. TuckerDisabilty, ERISA & Life Insurance Attorney Tucker & Ludin, P.A. is proud to announce that John V. Tucker, a founding partner and our Managing Shareholder, has once again been named by Tampa Bay Magazine as one of the Top Attorneys in the Tampa Bay Area. Mr. Tucker has a national practice representing individuals […]

Aetna Pays Back Injury Disability for 4 Years Then Terminates – Reversed in Court Because No Change in Condition

picture of person holding back due to back pain

Spine & Back Injury Disabilities Are One of the Most Common Reasons People Become Disabled In August of 2007, Randi Dunda was working as a general manager at a Wawa convenience store when she had to take a leave of absence due to a herniated disc in her low back which was causing severe pain. […]

California Judge Reverses Hartford in Chronic Fatigue Disability Case Based on Credibility of the Evidence

Chronic Fatigue Syndrome is a Common Cause of Disability

Chronic Fatigue Syndrome is a Common Cause of Disability A California Judge recently issued a decision in an ERISA disability case using a term that we do not often see in ERISA cases – “credibility.”  In Nagy v. Group Long Term Disability Plan for Employees of Oracle America Inc., the District Judge boiled the case […]

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