McKennon Law Group PC has won two federal disability insurance lawsuits, establishing a new way for people with disabilities to prove their eligibility for long-term disability benefits for ERISA-administered groups.
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McKennon Law Group PC Announces Success in Two New Federal Court Disability Insurance Lawsuits in Cases Arise from Disability Insurance Claims Dismissed Where ERISA Applies Share new information about proof of failure. 1974.
McKennon Law Group PC’s recent wins in two precedent lawsuits have made it possible for individuals with disabilities to prove that they are eligible for group long-term disability insurance benefits when the benefits are denied by an ERISA-controlled insurer. A new method has been established.
McGuire vs Lina
When courts consider denial of benefits in ERISA cases, they usuallyde novoAs for the judging criteria, McGuire v. North American Life Insurance Company (LINA), the court used a rare review standard, an abuse of the discretionary standard, in the California ERISA case.
The court clarified what constitutes an abuse of insurer discretion when the insurer dismisses a disability claim, ruled in favor of McKennon Law Group PC’s clients, and found LINA in favor of the plaintiff’s claim. Abuse of discretionary standards is becoming more prevalent nationwide, and it is important to know how to win these cases with this standard of review.of McGuire This case provides an excellent roadmap for an ERISA disability claimant to win a lawsuit against an insurance company that improperly denied a disability or life insurance claim.
Read more about our blog post on this case here. https://mslawllp.com/blog/2022/12/mcguire-v-lina-erisa-case/
Logan vs Prudential
of Logan v. Prudential Insurance Company of Americaa claim for long-term insurance disability benefits was denied by Prudential, even though the Social Security Administration determined that the claimant was eligible for Social Security Disability Insurance (SSDI) payments.
Normally, when a federal judge hears an ERISA case, no new evidence may be introduced, and the administrative record of the case is the only evidence considered. The complainant in this case was awarded SSDI benefits after the administrative record of the case was compiled.
The judge denied plaintiffs’ motion for inclusion of the SSDI ruling in the administrative record of the case, but the fact that the SSDI ruling was issued was considered by the judge to be evidence in support of the disability claim. rice field.
After precedent in McGuire When LoganDisability policyholders’ lawsuits against ERISA-controlled insurers that denied disability claims are now more likely to be successful.
Read more about our blog post on this case here. https://mslawllp.com/blog/2022/12/ssdi-award-letter-helps-client-win-erisa-case/
Records of these cases can be found at:
https://mslawllp.com/wp-content/uploads/2022/12/221109-Order_33.pdf
https://mslawllp.com/wp-content/uploads/2022/12/220921-Memorandum-of-Decision_38-1.pdf
Contact details:
https://lawyers.justia.com/lawyer/robert-john-mckennon-1487258
Facebook:
https://www.facebook.com/McKennonLawGroup/
contact info:
Name: McKennon Law Group PC
Email: Send Email
Organization: McKennon Law Group PC
Address: 20321 Southwest Birch Street #200 Newport Beach, California 92660
Phone: (949) 387-9595
Website: https://mslawllp.com/
Release ID: 89088051
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COMTEX_422509353/2773/2023-01-11T22:17:04
