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Info Library

Find answers to your disability claim questions.

Welcome to our Info Library.

The Info Library is a resource for people who have questions about disability insurance benefits, insurance companies, medical conditions, occupational demands, claims, appeals, and litigation.

Think of it as a practical guide to disability claims. Our goal is to explain common issues in clear, useful terms so you can better understand the process, the risks, and the decisions that may affect your benefits.

New articles are added regularly.

 

Category: Litigation - Success Story

Court Strips Aetna's Discretionary Authority in Long Term Disability Litigation

ERISA News Success Stories Standard of Review Aetna Success Story ERISA's Claims Procedure Regulations

In an ERISA New York disability litigation against Aetna, Riemer Hess successfully argued the Court should review the case under the plaintiff-friendly de novo standard 鈥 substantially increasing the Plaintiff鈥檚 chances of prevailing.  The Court, in following the Second Circuit Court of Appeals鈥 ruling in Halo vs. Yale Health Plan, stripped Aetna of its discretionary authority because it failed to to strictly adhere to the ERISA claims regulations, and its violations were neither inadvertent nor harmless.

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Plaintiff Awarded Over 15 Years of Unpaid Benefits In Hotly Contested Long Term Disability Lawsuit

News Success Stories Sun Life Standard of Review Success Story Challenges

Riemer Hess aggressively litigated a hotly contested long term disability lawsuit against Sun Life 鈥 ultimately winning over 15 years of unpaid benefits for the Plaintiff, despite Sun Life鈥檚 unsuccessful appeals. The judge鈥檚 opinion in this case is a major victory for the Plaintiff, as well as future disabled claimants who are victims of insurance company abuse and delay tactics.

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Lawsuit Won for Senior Manager With Depression

Success Stories Manager Case Studies Success Story Diagnosis - Depression

鈥淟arry鈥 was a senior manager at a major consulting firm. As a result of a series of major stresses in both his personal and professional life, Larry was hospitalized with major depression and suicidal ideation. When the insurance company denied Larry鈥檚 claim, Larry hired Riemer Hess to prepare an appeal.

The Firm submitted comprehensive letters from Larry鈥檚 treating psychiatrists, who opined that Larry was disabled from any occupation; detailed statements of Larry鈥檚 family and co-workers, corroborating his incapacity; and an in depth affidavit from Larry describing how depression slowly but surely made him unable to function and took away all joy in his life. The insurance company still denied Larry鈥檚 appeal, asserting that Larry did not submit objective proof of his depression even though it is well known that disability from depression cannot be demonstrated 鈥渙bjectively.鈥

Riemer Hess immediately commenced a lawsuit on Larry鈥檚 behalf in Federal Court. Our persistence eventually convinced the insurer to settle the case. Larry received a substantial lump sum settlement and can now get on with his life.

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Riemer Hess Convinces Court to Award Client $97,354.80 in Fees

Litigation News Success Stories Attorneys Fees Success Story

On March 27, 2014, the United States District Court in Manhattan awarded Mr. Riemer's client $97,354.80 in attorney fees. The Court awarded all attorney fees requested. In weighing the factors for deciding if attorney fees should be awarded, the Court found that the degree of culpability, deterrence, and the relative merits of the case favor plaintiff.

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Riemer Obtains Landmark Victory Against UNUM Stripping UNUM鈥檚 Discretionary Authority to Determine Benefit Eligibility

News Success Stories Standard of Review UNUM Success Story

On August 5, 2013, Riemer Hess won a landmark victory in McDonnell v. First Unum Life Ins. Co., 2013 U.S. Dist. LEXIS 110361 (S.D.N.Y. August 5, 2013).
For a copy, click here: Download file

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