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I used to tell clients that, if their case is subject to ERISA’s absurd abuse-of-discretion, insurer-can’t-lose burden of proof (I refuse to call it “standard of review” as many do, ‘cause that’s bogus imo) they need to win the ball game 10-0; if they only win 9-1 then they lose. That’s because many courts effectively [..]
The post Baby Steps: Two Recent Court of Appeal Decisions Move Deferential Judicial Analysis for ERISA Cases in the Right Direction appeared first on Johnston Law Office.
Paige Riley has a serious medical condition: gastroparesis. The stomach cannot empty itself, causing nausea, vomiting and pain. Fortunately for Paige, her husband’s employer provided a very attractive insurance plan, so the installation of an Enterra – a device implanted under her skin which ameliorated her condition by prompting the stomach to do its job [..]
The post Claim denied: the $43,364.27 battery appeared first on Johnston Law Office.
As we’ve seen when an insurance company has managed to grant itself “discretion” it gets the benefit of the most absurd judicial deference known to the law. The courts make no bones about it: a decision to deny benefits, even if the court agrees it is wrong, will nonetheless be upheld so long as the [..]
The post “Independent” medical exams and “reasonable” grounds for denying your claim appeared first on Johnston Law Office.
My colleague Jeff Metzger appeared on Air America’s Nicole Sandler show last week. Jeff knows his stuff and well explained the problems ERISA causes and how it ruins lives. The audio is here.
The post More ERISA talk on the Nicole Sandler show appeared first on Johnston Law Office.
Mark Hall of the O’Neill Institute posted the other day to comment that the “health reform process is ignoring the hash that Congress and the courts have made of ERISA’s pre-emption of state tort suits against health insurers.” Mr. Hall, of course, is precisely correct about that, as he is when he adds “personal injuries [..]
The post HR 3962 preserves ERISA’s malignant scheme appeared first on Johnston Law Office.
Yesterday Congressman John Shadegg introduced to the press Florence Corcoran, whose baby was killed by an ERISA insurance company. Congressman Shadegg has been on the right side of this issue for a while now and deserves kudos for championing the cause in the halls of Congress. While it is clear his immediate motivation is to [..]
The post Kudos to Congressman Shadegg and his ERISA-reform efforts appeared first on Johnston Law Office.
As we’ve discussed previously one of the biggest problems with ERISA is that it prevents the states from providing suitable protections for people who have “insurance” through their employers. The ERISA prohibition of state regulation is not across-the-board, however. ERISA does preserve some state regulatory authority (in fact a lot of us think it was [..]
The post The states fight back – a little appeared first on Johnston Law Office.
The folks at the Hastings Center Health Care Cost Monitor provide commentary and opinion on cost control as part of health care reform. Nothing wrong with that, of course; it’s a critically important part of the current debate over health insurance reform. The other day the Hastings Center site featured a post by Jacqueline R. [..]
The post Fraud and corruption as cost control appeared first on Johnston Law Office.
Ian Pearl, since birth, has suffered from muscular dystrophy. He is now 37 years old, and is confined to a wheelchair and hooked to a breathing tube. Fortunately for Ian, he had “insurance” through the ERISA plan offered by his father’s company. So while his health was terrible, he at least would have access to [..]
The post Another “insured” person cheated out of “insurance” by ERISA; UPDATE: Guardian caves in response to public pressure appeared first on Johnston Law Office.
Paul Secunda blogs at Workplace Prof Blog about a talk given by Phyllis Borzi, who heads the Employee Benefit Security Administration. She knows whereof she speaks: she’s in the ERISA enforcement business, and her agency’s mission is to “deter and correct violations of the relevant statutes through strong administrative, civil and criminal enforcement efforts to [..]
The post Labor Department official: “tragedy” to enact health reform and leave ERISA alone appeared first on Johnston Law Office.
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