Tag Archives: Claimants

Argument preview: Justices to decide whether dismissal as untimely of Supplemental Security Income claimant’s request for review is final decision subject to judicial review

After a hearing, an administrative law judge denied Ricky Lee Smith’s application for supplemental security income benefits based on disability. The ALJ’s decision was dated March 26, 2014, and under the agency regulations, Smith was required to request review of … Continue reading

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Argument preview: Justices to consider social security disability claimants’ ability to scrutinize data on which benefits denials are based

Social Security Disability Insurance provides monthly payments to more than 10 million people. Supplemental Security Income disability benefits reach a partially overlapping group of roughly seven million. Testimony of vocational experts is central to a large number of the hearings … Continue reading

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Fifth Circuit Court of Appeals Affirms Denial of Claimant’s Right to Future LHWCA Benefits

A recent case decided by the Fifth Circuit Court of Appeals, Parfait v. Director, OWCP and Performance Energy Services, has affirmed the denial of Claimant’s right to future benefits under the Longshore & Harbor Workers’ Compensation Act (LHWCA). Background – Claimant … Continue reading

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Abilify Claimants Recover Settlements, While Others Join the Class Action Lawsuit

Three people who said the antipsychotic drug Abilify caused them to engage in compulsive gambling have reached a settlement for undisclosed amounts. The cases were considered to be bellwether, multidistrict litigation, and scheduled for trial in June. The District Court … Continue reading

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The Futility Exception to the ERISA Requirement that Claimants Must Exhaust Their Administrative Remedies in Order to be Able to File a Lawsuit

If you have an ERISA long-term disability claim, you cannot file a lawsuit challenging an insurer’s denial of benefits until you have exhausted your administrative remedies.  So, even if the insurer, or plan administrator, denied your claim for long-term disability … Continue reading

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