New York Disability Attorneys Support Multiple Sclerosis Society

Turley, Redmond & Rosasco partner Chris Redmond has a long record of helping raise money to battle Multiple Sclerosis.  This year, the firm was pleased to help fight Multiple Sclerosis by sponsoring an individual bike rider in his local MS Bike fundraiser on July 21st in Pennsylvania.   Our law firm helped sponsor Chris Carson, brother of Linda Rosasco and brother-in-law of LTD Claim Division  partner Troy Rosasco.  Chris rode with the Peters & Wasilefski law firm team.   So far, the team has raised over $1,800.00! Chris is one of those real good guys this world needs more of.  Thanks Chris!

I just met Anne Davis, Esq. ,of the New York City Chapter of the National Multiple Sclerosis Society, last night.  Anne is joining with a group of  ERISA long term disability lawyers to try to persuade New York State to prohibit " discretionary clauses " in disability insurance policies and contracts. Discretionary clauses in ERISA disability income policies allow insurance companies to  insulate unfair claim denials from proper judicial review.  In a big win for consumers, New Jersey recently adopted rules banning discretionary clauses, despite fierce opposition from the powerful insurance industry.  Hopefully, New York State Insurance Superintendent Eric Dinallo will do the sameThis will go a long way in protecting the economic resources and dignity of those battling Multiple Sclerosis.

 

Big Win for New York ERISA Disability Claim Denial Lawyer regarding Pre-existing Conditions

Congratulations to my friend and fellow long term disability attorney Eve-Lynn Gisonni on her significant victory at the New York State Court of Appeals in Benesowitz v. MetLife.  This decision is a great victory for long term disability claimants who are denied benefits due to a "pre-existing condition clause" in their employer's LTD Summary Plan Description.  Credit is also due to Eric Dinallo, Governor Spitzer's new Superintendent of Insurance, who supported Eve-Lynn's position in an Amicus brief to the Court.

In Benesowitz, the Court ruled that claimants who apply for long term disability benefits in part due to a preexisting condition which was present at the time disability coverage began only have to wait 12 months before they can collect disability benefits.  Up until now, many disability insurance companies, including Unum, MetLife and Cigna , used preexisting condition clauses to unfairly deny claims forever.  Now, the Court has ruled that claimants in these fairly common situations will have a 12 month "waiting or elimination period" before being able to collect benefits.  For a 30 year old with a pre-existing history of cancer which reoccurs and causes permanent disability for the rest of her life, this will be an economic life saver if she is claiming long term disability benefits