About
Disability insurance claims and litigation continue to soar in an upward climb that continues unabated. And, as the baby boomer generation ages, there's no question that the trend toward increased claims – and costs – will continue. Recent landmark cases have shaken up the disability claims landscape, and the shock waves of those changes continue to reverberate. For example, what impact will the changing role of discretionary clauses in disability insurance contracts have on your current cases? How are key cases like Knudsen and Campbell playing out with respect to social security offsets, ERISA litigation and bad faith, as more courts consider their effect?
Everyone involved in any way with disability insurance litigation – including plaintiff and defense litigators, insurance counsel and claims managers, and disability consultants – must have a comprehensive and in-depth understanding of the all the many critical developments surrounding these claims. In this continually changing area, you simply cannot assume that last year's rules continue to apply.
Whether you represent policy-holders or insurance carriers, this comprehensive and information-packed publication is one you cannot afford to miss!
Contents & Contributors
CONDUCTING THE OCCUPATION ANALYSIS: LAYING THE GROUND WORK FOR THE RIGHT DECISION BY SCRUTINIZING THE DEFINITION OF DISABILITY
Jonathan M. Feigenbaum, Phillips & Angley
CONDUCTING THE OCCUPATION ANALYSIS
Lesley C. Green, Bannan, Green, Frank & Terzian LLP
EFFECTIVE UTILIZATION OF A VOCATIONAL EXPERT
John E. Sargent, MS, CRC, CCMHC, Vocational Rehabilitation Consultant
THE END OF THE ARBITRARY AND CAPRICIOUS STANDARD OF REVIEW IN ERISA CASES?
Mark D. DeBofsky, Daley, DeBofsky & Bryant
JUDICIAL STANDARDS OF REVIEW UNDER ERISA
Mark E. Schmidtke, Hoeppner, Wagner & Evans LLP
USE OF FUNCTIONAL CAPACITY EVALUATIONS IN LONG TERM DISABILITY INSURANCE CASES
Richard J. Quadrino, Quadrino & Schwartz, PC
Michail Z. Hack, Quadrino & Schwartz, PC
COMBATTING A DISABILITY CARRIER'S EFFORTS TO DICTATE AN INSURED'S MEDICAL CARE: WHOSE BODY IS IT ANYWAY?
Frank N. Darras, Shernoff Bidart & Darras, LLP
Lissa A. Martinez, Shernoff Bidart & Darras, LLP
INTERPRETATION AND ENFORCEMENT OF "MEDICAL CARE" PROVISIONS IN DISABILITY INSURANCE POLICIES
Edward S. Rooney, Jr., Eckert, Seamans, Cherin & Mellot LLC
THE ADVOCACY OF DISABILITY CLAIMS INVOLVING CHRONIC FATIGUE AND FIBROMYALGIA; A CASE SURVEY
Bonny G. Rafel, LLC
PROVING OR DISPROVING CHRONIC FATIGUE, FIBROMYALGIA AND OTHER SUBJECTIVE PHYSICAL DISORDERS
Robert McKennon, Barger & Wollen
DISABILITY EVALUATION FOR FIBROMYALGIA AND CHRONIC FATIGUE SYNDROME
Richard N. Podell, M.D., UMDNJ-Robert Wood Johnson Medical School
PROVING (OR DISPROVING) COGNATIVE IMPAIRMENT AND FUNCTIONAL DISABILIY IN CFS AND SIMILAR DISORDERS
George J. Carnevale, Ph.D., UMDNJ-NJ Medical School
LITIGATING ERISA DISABILITY CLAIMS: APPLICABILITY, DISCOVERY AND OTHER CRITICAL CONSIDERATIONS
Scott M. Riemer, Riemer & Associates LLC
Timothy M. O'Brien, Shook, Hardy & Bacon
DOCUMENT PENALTIES UNDER ERISA § 502© FOR AN ADMINISTRATOR'S FAILURE TO SUPPLY REQUESTED DOCUMENTS
Pamela I. Atkins, Atkins & Associates LLC
CALIFORNIA SUPREME COURT DECIDES AGENCY QUESTION
Robert K. Scott, Law Offices of Robert K. Scott
THE SPECIAL CHALLENGES OF EVALUATING MENTAL HEALTH DISABILIY CLAIM: HOW ARE YOU FEELING RIGHT THIS INSTANT
Thomas M. Herlihy, Kelly, Herlihy & Klein
Sean P. Nalty, Kelly, Herlihy & Klein
CHALLENGES IN EVALUATING MENTAL HEALTH DISABILITY CLAIMS: THE TASK AND ROLE OF THE MENTAL HEALTH EXPERT
George Carnevale, Ph.D., UMDNJ-NJ Medical School
STRATEGIC CONSIDERATIONS FOR LITIGATING THE DISABILITY CLAIMS SUIT
H. Sanders Carter, Jr., Carter & Ansley, LLP
OPPOSING MOTIONS FOR SUMMARY ADJUDICATION OF CALIFORNIA INSURANCE BAD FAITH AND PUNITIVE AND EXEMPLARY DAMAGE CLAIMS
Douglas K. deVries, deVries Law Firm
ERISA PLANS AND SOCIAL SECURITIY DISABILITY AWARDS: THE EVOLVING RELATIONSHIP FOLLOWING THE SUPREME COURT DECISIONS IN KNUDSON AND NORD
John D. Wood, Branham & Day, PC
Robert Wright, White & Williams LLP
VIDEO SURVEILLANCE EVIDENCE IN COURT
Linda M. Lawson, Meserve, Mumper & Hughes, LLP
Russell G. Gomm, Meserve, Mumper & Hughes, LLP
Publication Details