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4 Nov 2018, 3:23 pm
In an ERISA case, it’s not enough for claimants to show that the plan’s decision to deny them benefits was incorrect; they must also show that the decision had no factual basis. [read post]
4 Nov 2018, 12:55 pm
“State-mandated drug testing may well violate the Fourth Amendment’s prohibition of unreasonable searches and seizures. [read post]
3 Nov 2018, 8:19 pm
The first takes place when the individual's (legal, moral, societal, communal or other) rights have been violated; the second occurs when the state confers a status on the rights holder that effectively shifts agency over both rights and vindication from the individual to those who mean to manage both. [read post]
3 Nov 2018, 6:28 pm
A fraud charge may also be based upon someone who files a claim for a stolen car which has never been stolen, or for injuries sustained in slip and falls on the claimant’s premises or in a car crash which are exaggerated or totally false. [read post]
3 Nov 2018, 5:52 pm
What’s the alternative? [read post]
3 Nov 2018, 9:17 am
Thomas, 42 Ohio St. 3d 131, 133, 538 N.E.2d 93 (1989) (Under the cognizable event doctrine, a claimant does not need to “be aware of the full extent of the injury. [read post]
3 Nov 2018, 5:33 am
Part of this car insurance process for some claimants entails having to attend an Examination Under Oath (EUO). [read post]
1 Nov 2018, 10:20 am
The court determined that these elements satisfied the Claimant’s burden of showing a causal connection between his injury and loss of earning capacity after his termination. [read post]
1 Nov 2018, 9:29 am
Thankfully, the court sided with the disabled claimant and found that Aetna’s decision to deny the claim for benefits was wrong. [read post]
1 Nov 2018, 6:34 am
Claimants in said case further allege that the investments were falsely represented as safe, secure and low risk and seek recovery of damages in the amount of $325,000 plus costs, interest, fees and punitive damages. [read post]
1 Nov 2018, 3:05 am
All five would allow continued use of the material, the notices explained, if Tomczak allowed the upload to be “monetized,” meaning accompanied by advertisements from which the claimants would get a share. [read post]
31 Oct 2018, 1:32 pm
That’s where a Residual Functional Capacity (RFC) form comes in. [read post]
31 Oct 2018, 11:21 am
Berryhill, 17-1606, presents a question only a lawyer could love: whether a decision by the Social Security Administration’s “Appeals Council” — the body that hears disability benefits claimants’ appeals from administrative law judge decisions — that the claimant’s appeal was untimely is a “final decision” subject to judicial review. [read post]
31 Oct 2018, 9:57 am
” Tolliver appealed the contracting officer’s denial to the U.S. [read post]
31 Oct 2018, 8:04 am
Section 406(a) authorizes two avenues for recovery of attorney’s fees from a claimant for successful representation before the agency. [read post]
31 Oct 2018, 7:57 am
” The court further rejected the claimant’s argument that the legalization of same-sex marriage implicitly amended the country’s descent laws, noting that the legislature has yet to make any changes regarding such. [read post]
31 Oct 2018, 7:37 am
If the credit exceeds a taxpayer’s liability, they may receive a portion of the credit as a refund. [read post]
31 Oct 2018, 7:15 am
In some plans, a disability is strictly defined as a condition that precludes the claimant from working in “any” occupation, whereas in other plans, a disability is more broadly defined as a condition that precludes the claimant from working in their “own” existing occupation. [read post]
31 Oct 2018, 5:49 am
At best, it’s harmless surplusage. [read post]
30 Oct 2018, 10:14 am
Finally, you need to make sure your spinal cord injury attorney examines whether claimant is eligible for state services via referral to the central registry. [read post]
