Plummer | Raval specializes in ERISA and disability benefits. Insurance companies often deny or terminate long-term and short-term disability benefits. Do not let them deny your benefits and then tell you that you have exhausted your legal rights according to the Benefits Plan. Let me fight for what is yours.

Blair Brininger will soon take ERISA disability cases in New Mexico

Blair Brininger passed the Full New Mexico bar. No reciprocity or any short test. Here is a plug for (Thanks to Whitney, my coach, I am one of the oldest people to pass-based on looking around the room).

Judge Sparks invites lawyers to kindergarten class-only lawyers need attend

Judge Sparks appears fed up with technical objections to subpoenas when those technical objections serve only to waste time. He invited the lawyers to school in his courtroom. Told the lawyers to bring a sack lunch and their toothbrush so they could stay with the US Marshall if the session went past the lawyers' bedtime.

Unhappy litigant with an unusual pleading style

This is not an ERISA case and the pleadings contain (to put it mildly) salty language. I have left the pleading in its original state except that I redacted Mr. Hupp's personal information. I think Wyatt Cenac of the Daily Show should interview Mr. Hupp. I downloaded the pleading from the website for the Ninth Circuit.

The Ninth Circuit denied Mr. Hupp's petition. Thus, this pleading style is ineffective.

Has CIGNA denied your ERISA disability claim on a Thursday?

While testing a new research tool for my firm, I decided to look for cases in which CIGNA’s Book of Knowledge (Cigna’s claim manual) was quoted. (CIGNA and Life Insurance Company of North America are the same company). In one of my cases I wanted to see what court’s thought of Cigna’s failure to comply with its claim manual. This firm reviews its copy of the CIGNA’s Book of Knowledge and compares the actions in my Cigna case with the BOK.

Allsup, Inc. v. Advantage2000

As some of you have been following on other blogs and websites the internet community has kicked up quite a fuss at Sony and its recent attempts to prevent music pirating. Here's the blog of the person who first discovered it. Very technical. Something not so technical and more current.

NMR (Network Medical Review's) relationship with Liberty Life Assurance Company of Boston

As most you know, NMR (Network Medical Review, Inc.) and its sister company/subsidiary perform a large number of "independent" medical reviews at the request of various insurance companies.

In Denmark, the Plaintiff's counsel, Jonathan M. Feigenbaum propounded discovery on Liberty Life to learn how much it pays to NMR each year and how may cases NMR reviewed at Liberty's request and how many NMR actually found were disabled.

Liberty provided this information under a protective order so neither side could disclose it.

Federal Disposal Rule - Labor Employment Law Blog

You need to make sure that your disability lawyer has a shredder or has contracted with a shredding service to dispose of your medical records when they are no longer needed. Often lawyers make extra copies of your medical records and do not use them in your case. This new statute requires that the attorneys have a "disposal policy."

Cancer Tops Most Frequent Causes of Long Term Disability Claims in 2004

According to UNUMProvident, the leading provider of disability insurance, the following are the five leading causes of long-term disability claims:

12 percent – Cancer
10 percent – Complications of pregnancy
10 percent – Joint/muscle/connective tissue diseases
9 percent – Back injuries
8 percent – Cardiovascular disease

Court awards $300,000 in COBRA penalties

Penalties for COBRA notice violations can be substantial.

A federal court in Nebraska recently imposed penalties of over $300,000 plus attorneys fees. Delcastillo v. Odyssey Resource Management Inc., 320 F. Supp. 2d 889 (D. Neb. 6/11/2004). Here, the court found that the participant and his family suffered particularly severe consequences as a result of the lack of health care coverage. 


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