About
Disability claims are continuing to soar in a legal landscape that is increasingly volatile. Psychiatric or behavioral health claims are rising at such rapid rates that it is estimated that they will make up over 60% of the total number of disability claims in the next 3-5 years.
In addition to the growing number of psych claims, the recent landmark United States Supreme Court decision in State Farm v. Campbell will have a profound impact on the way the issue of bad faith within the context of disability claims is handled going forward.
In order to successfully evaluate and litigate individual and ERISA disability cases, insurance industry executives, claims counsel, and outside attorneys for both plaintiff and defense must have a complete and up-to-date understanding of the legal and medical issues in this complex and highly charged area of the law.
American Conference Institute's 7th National Advanced Forum on Litigating
Disability Insurance Claims publication has been revised and updated to bring you the very latest information on all the changes and developments in the disability law arena, including how to prevail in your next disability case from start to finish. Once again, this publication brought together leading litigators and medical experts from across the country to offer you their perspectives and insights on key issues, including:
- Special considerations for psych IMEs
- The impact of evolving occupational definitions on litigation strategies
- How State Farm v. Campbell is being implemented by the courts
- Practical litigation strategies for both your individual and ERISA disability cases
- What is "appropriate care" in psychiatric disability claims?
- Common pitfalls to watch out for in disability insurance mediations
Contents & Contributors
2003 – 2004 DISABILITY CASE LAW UPDATE
Robert J. McKennon, Barger & Wolen LLP
THE ETIOLOGY OF IMPAIRMENT: MENTAL VS. PHYSICAL
David A. Bryant, Daley, DeBofsky & Bryant
Heather F. Aloe, Daley, DeBofsky & Bryant
CUTTING EDGE ISSUES IN BEHAVIORAL HEALTH DISABILITY CLAIMS:
MEDICAL AND EXPERT WITNESS PERSPECTIVES
Robert J. Barth, Ph.D., Southeast Neuroscience, PA
SUBSTANCE ABUSE DISABILITY CLAIMS
Mary E. Fuller, M.Ed., Disability Claims Consulting Services
OWN OCCUPATION DISABILITY CLAIMS: PROBLEMS AND POINTER
THE CALIFORNIA PLAINTIFF'S PERSPECTIVE
Douglas K. deVries, deVries Law Firm
OWN OCCUPATIONAL DISABILITY LAW MADE EASY: FROM CLASSES
OF INSURANCE TO THE LASSER APPROACH TO DUAL OCCUPATION
Jay S. Blumenkopf, Adorno & Yoss, PA
Michael S. Metta, Adorno & Yoss, PA
Joelle C. Sharman, Adorno & Yoss, PA
BAD FAITH AND PUNITIVE DAMAGES: THE MOST RECENT COURT
DECISIONS, DEVELOPMENTS, AND TRENDS
Richard Benrubi, Liggio, Benrubi & Williams
BAD FAITH AND PUNITIVE DAMAGES: POST CAMPBELL
James A. Varner, Sr., McNeer, Highland, McMunn & Varner, LC
Debra Tedeschi Herron, McNeer, Highland, McMunn & Varner, LC
PRACTICAL STRATEGIES FOR MANAGING AND LITIGATING ERISA CASES
For the Claimant: Mala M. Rafik, Rosenfeld & Rafik, PA
For the Defense: Daniel W. Maguire, Galton & Helm LLP
THE LATEST CASE LAW ON ERISA PREEMPTION
Paul M. Sullivan, Jr., Paul M. Sullivan Jr., PA
BASIC PRIMER ON ERISA PREEMPTION
Mark E. Schmidtke, Schmidtke Hoeppner Consultants LLP
ERISA CLASS ACTIONS
Teresa S. Renaker, Lewis & Feinberg, PC
LITIGATING THE NEW BREED OF ERISA CLASS ACTIONS
René Thorne, Shook, Hardy & Bacon, LLP
"APPROPRIATE CARE" REQUIREMENTS: A LEGAL OVERVIEW
John D. Wood, Branham & Day, PC
INTERPRETATION AND ENFORCEMENT OF "MEDICAL CARE" PROVISIONS
IN DISABILITY INSURANCE POLICIES
Edward S. Rooney, Jr., Eckert, Seamans, Cherin & Mellott, LLC
FIBROMYALGIA: TRAUMA AND DISABILITY
Steven P. Krafchick, Krafchick Law Firm
FIBROMYALGIA: THE LATEST LEGAL ANALYSIS
FROM THE DEFENSE PERSPECTIVE
Kristina Pett, Pett, Furman & Jacobson, PL
REVIEW OF FIBROMYALGIA
Robert Bennett, MD, Oregon Health and Sciences University
LEGAL ISSUES AFFECTING PRE-LITIGATION AND LITIGATION
STRATEGIES FOR INDIVIDUAL DISABILITY CLAIMS
Lesley C. Green, Bannan, Green, Frank & Terzian LLP
DISCOVERY FROM THE PLAINTIFF'S PERSPECTIVE
Eric Buchanan, Eric Buchanan & Associates, PLLC
DEFENSE STRATEGIES IN DISCOVERY IN ERISA AND NON-ERISA CASES
Linda M. Lawson, Meserve, Mumper & Hughes, LLP
EFFECTIVE MEDIATION IN DEFENDING DISABILITY INSURERS
Robert D. Phillips, Jr., Fleming & Phillips LLP
MEDIATING YOUR DISABILITY CASE: WHAT WORKS AND WHAT DOESN'T
Robert W. Beal, FSA, Milliman USA
HANDLING A DISABILITY CASE FROM START TO FINISH
Evan S. Schwartz, Quadrino & Schwartz, PC
Philip M. Howe, Lecomte, Emanuelson & Doyle
Michail Z. Hack, Quadrino & Schwartz, PC
Publication Details