administrative appeal Archives - McDonald and McDonald https://mcdonaldandmcdonald.com Let our family fight for your family Fri, 08 Aug 2014 16:24:20 +0000 en-US hourly 1 https://mcdonaldandmcdonald.com/wp-content/uploads/2021/04/cropped-cropped-favicon-32x32.png administrative appeal Archives - McDonald and McDonald https://mcdonaldandmcdonald.com 32 32 Long Term Disability & the Undiagnosed Condition https://mcdonaldandmcdonald.com/long-term-disability-the-undiagnosed-condition/ https://mcdonaldandmcdonald.com/long-term-disability-the-undiagnosed-condition/#respond Fri, 08 Aug 2014 16:24:20 +0000 http://www.McDonaldAndMcDonald.com/blog/?p=289 LONG TERM DISABILITY & THE UNDIAGNOSED CONDITION One of the most difficult cases in our long-term disability practice is the individual who does not have   a diagnosis. It is very common in medicine for claimants to go longer than a year without receiving a proper diagnosis. This is not the fault of physicians, but …

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]]> https://mcdonaldandmcdonald.com/long-term-disability-the-undiagnosed-condition/feed/ 0 Missing Pieces of the Administrative Record – Full & Fair Review under ERISA? https://mcdonaldandmcdonald.com/missing-pieces-of-the-administrative-record-full-fair-review-under-erisa/ https://mcdonaldandmcdonald.com/missing-pieces-of-the-administrative-record-full-fair-review-under-erisa/#respond Mon, 14 Jul 2014 22:47:39 +0000 http://www.McDonaldAndMcDonald.com/blog/?p=262 ERISA “Full & Fair Review” & the Missing Pieces of the ADMINISTRATIVE RECORD One of the most important pieces in a long-term disability case is the “administrative record.” The administrative record is defined as: everything that the insurance company considered in the denial of your claim. It also includes any appeal that you might submit, …

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]]> https://mcdonaldandmcdonald.com/missing-pieces-of-the-administrative-record-full-fair-review-under-erisa/feed/ 0 Reinstating your Long Term Disability Benefit: The ERISA 502(a) Lawsuit https://mcdonaldandmcdonald.com/reinstating-your-long-term-disability-benefit-the-erisa-502a-lawsuit/ https://mcdonaldandmcdonald.com/reinstating-your-long-term-disability-benefit-the-erisa-502a-lawsuit/#respond Tue, 05 Feb 2013 23:54:22 +0000 http://www.McDonaldAndMcDonald.com/blog/?p=131 Most individuals become familiar with the phrase 502(a) lawsuit by receiving a letter from an insurance company denying access to their long-term disability benefits. The traditional language often used by long-term disability insurers advises clients that they have “exhausted their administrative remedies”, and now have the ability to file a lawsuit under Section 502(a) of …

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]]> https://mcdonaldandmcdonald.com/reinstating-your-long-term-disability-benefit-the-erisa-502a-lawsuit/feed/ 0 Long Term Disability: “Exhaustion of Administrative Remedies” https://mcdonaldandmcdonald.com/long-term-disability-exhaustion-of-administrative-remedies/ https://mcdonaldandmcdonald.com/long-term-disability-exhaustion-of-administrative-remedies/#respond Thu, 24 May 2012 18:34:49 +0000 http://www.McDonaldAndMcDonald.com/blog/?p=111 Reaching back into our history, I thought the following might be a good decision to share. This case primarily deals with the often under-litigated issues of exhaustion of administrative remedies and timeliness of the Plaintiff’s Complaint under 502(a) of ERISA. In general, each Long Term Disability plan that issues a denial must have rules that …

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