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.

Dr. Fantasia Finds Fibromyalgia Plaintiff Disabled

Whaley v CNF Transportation, Inc. Long Term Disability Plan, C. A. No. 03-363 (Southern District of Ohio (Order Granting Plaintiff's Motion For Judgment On The Administrative Record (June 14, 2005))

In Whaley, Judge Thomas M. Rose found that the Defendant claims administrator abused its discretion. Dr. Fantasia, Plaintiff's chiropractor, opined that Plaintiff was disabled. That was the extent of Dr. Fantasia’s role. However, Dr. Fantasia’s name alone rates a headline.

Letter to Help You Get Your Complete CIGNA or LINA file

I have a number of cases against Life Insurance Company of North America (LINA or CIGNA). As you know one of the first things you do when appealing a denied disability claim is request the entire file from the insurance company. LINA does not always send the entire file in response to such a request. To assist you in getting the complete file I have prepared a letter in which I identify the documents that I expect to find in a LINA file. I then tell LINA which of those documents I received and which documents I did not. I have published the sample letter "rat cheer".

Judge Kent Denied MetLife's Motion for Protective Order

In Jez v. Dow Chemical LTD Plan and MetLife, filed in Galveston, Texas, Judge Kent denied MetLife's Motion for protective order. I wanted to get information from Network Medical Review (NMR). NMR is an outfit of physicians that find disability claimants to be "not disabled." Thus NMR is used a lot by the insurance industry. I wanted to learn how often MetLife uses them.

Following Judge Kent's order I get to learn the following:

List of ERISA attorneys

Brininger LTD publishes a list of ERISA attorneys in case you need ERISA assistance outside of the Fifth Circuit. If you are in the Fifth Circuit (Texas, Louisiana and Mississippi) contact me at blair@disability.md. Our home page is http://www.disability.md

Court discredits Amy Hopkins, M.D. supposition

May v. Metropolitan Life Ins. Co., C.A. No. 03-5056 (N.D. Cal. Sept. 9, 2004). Judge Wilken presiding. Judge Wilken's home page is here.

In this case, Lucky May presented evidence that she was disabled from fibromyalgia. The only evidence to the contrary in the Administrative Record was an opinion by Dr. Amy Hopkins. Judge Wilken did not credit Dr. Hopkins report:

Court rejects Dr. Amy Hopkins' opinion

Further support for a heightened degree of scrutiny is found in Dr. Hopkins' selective "pick and choose" approach in reviewing the medical records in the case. Dr. Hopkins completely mischaracterizes Dr. Babins' opinion as to the Plaintiff's ability to return to work. She states in her correspondence of February 9, 2001: "[Dr. Babins] wrote an APS 10/23/00 which stated that [Plaintiff] was to remain OOW through 1/10/01." Def. Ex. 17. A fair reading of the Attending Physician Statement suggests that Dr.

Spitzer and Serio settlement

"Spitzer and Serio announce settlement with nation's largest disability insurer"

http://www.oag.state.ny.us/press/2004/nov/nov18a_04.html

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