David Martin1 day ago2 minThe Edge Series: What Does "Entire Contract" Mean?The lawyers in our firm are focused on helping people with disability policies and ERISA claims. Today, we want to help you understand...
David MartinMay 191 minIntroduction to The Martin Law Group's "The Edge" Video SeriesThe long term disability lawyers in our firm are focused on helping people with disability policies and ERISA claims. Today we are...
David MartinMay 103 minCan My Long Term Disability Be Terminated?Many clients have the impression that once their long-term disability benefit has been approved, they need only to complete annual forms...
David MartinApr 193 minTreating Physician Rule Change & Who to BelieveThe treating physician rule required decision-makers to accord special deference to the opinions of treating physicians. The rule is no...
David MartinMar 293 minERISA Disability Claims & OutliersOutliers within evidence or a data set may not mean much in many areas of the law. However, with ERISA, an outlier may be all that is...
David MartinFeb 12 minERISA Disability Games Insurers Play: Admit Disability but Deny for a Limitation/ExclusionThe case Laake v. The Benefits Comm., W. & S. Fin. Grp. Co. Flexible Benefits Plan, No. 1:17-CV-611 (WOB-SKB), 2021 WL 5166377 (S.D. Ohio...
David MartinJan 252 minCan an insurer make a long-term disability claimant pay back money paid to their attorneys?We're reviving our #FAQuesday series in January 2022 to provide you and your clients with the information needed for ERISA claims. Today,...
David MartinJan 182 minHow Reasonable Does an Employer Have to be in Accommodating a Disability?Agroupur Inc. will soon learn the answer to how reasonable an employer must be in accommodating a disability. The dairy processor had an...
David MartinJan 123 minIf I have a workers' comp injury, can I still claim long term disability?Sometimes we are asked the question if my client has a workers' comp injury, are they still allowed to file a claim for long-term...
David MartinDec 28, 20212 minThere are Limits to Discovery GamesMr. Hornady filed a lawsuit against his employer, Outokumpo Stainless, in 2018 under the Fair Labor Standards Act due to various wage and...
David MartinDec 21, 20212 minWhen Do I Have an ADA Case?The 11th Circuit in a per curium opinion recently addressed the issue of when a case accrues under the Americans with Disabilities Act...
David MartinDec 7, 20213 minWearing You Down With Your ERISA ClaimA recent Fifth Circuit case reminds us of one of the tactics insurance companies may use to wear down claimants. As we all know, many...
David MartinNov 2, 20212 minAfter My Disability Claim is Approved, Am I Safe from a Claim Termination?One is never safe from a claim termination! All it takes is a new adjustor or new head of the disability department, or someone else...
David MartinSep 21, 20212 minThe Other COVID Shoe Hasn't Hit the FloorThis summer was reminiscent of the tagline from the summer box-office smash Jaws: “Just when you thought it was safe to go back in the...
David MartinSep 14, 20213 minThe Bill Cosby: Liability Requires Both Evidence and Due Process Most clients who have an ERISA claim are frustrated and angered when the insurance company will not pay their claim because it says they...
David MartinAug 24, 20213 minA Failed Strategy to Find My Misplaced Earnings (or does the Truth Really Matter?)Does that title sound a little strange? A recent case tackled two issues that point to the strangeness of ERISA: jurisdictional law and...
David MartinAug 17, 20214 minFailure to Annihilate May Mean You LoseThe recent case Leghorn v. Prudential Ins. Co. of Am., Civil Action No. 5:20-CV-217 (MTT) (M.D. Ga. June 23, 2021), provides another...
David MartinAug 11, 20214 minThe Model Long Term Disability Case: AppealsWe have talked about the model employee benefits attorney, the model client, and the model long-term disability case from the claim...
David MartinJul 13, 20213 minWhat is the Model Long Term Disability Case?We have talked about the model employee benefits attorney and the model client, and now we are going to talk about the model case, but...
David MartinJun 9, 20213 minI Received Social Security, So Why Did They Deny My Long-Term Disability Claim?When fighting to receive long-term disability benefits, many people (including lawyers) are surprised to learn that a long-term...