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disability-claims-for-nurses

Nurses perform physically demanding jobs that require the ability to frequently lift heavy equipment, manually move patients, stand for long periods, bend/twist/kneel/stoop often throughout the day, provide assistance to doctors, and function quickly under demanding high-pressure situations.

According to the Dictionary of Occupational Titles, nurses are required to also perform administrative tasks, including maintaining records and checking vitals of patients. Some nurses have additional supervisory responsibilities. The positions are typically classified as being at least “medium” in nature, requiring nurses to exert 20 to 50 pounds occasionally.

In our experience, common medical conditions suffered by nurses include conditions related to the physical exertion that is placed on their bodies, such as:

mehr-offers-bad-faith-cle-around-state

Austin Mehr will be traveling around the state to local bar association meetings to present on the topic of Bad Faith Insurance Litigation in the upcoming months. His presentations will be worth one CLE credit. Attendees will receive a packet with a completed KBA Form 3, an outline of Austin’s presentation and a handout about more of Austin’s work experience. 

If you are interested in having Austin come and present at your county’s bar association meeting, please contact Katelynn Nolen at knolen@austinmehr.com or at 859-225-3731. 

To see a preview of the PowerPoint Austin shows during his presentation, click here.

faqs-on-erisa-disability

Each benefit claim is different depending on the facts of your case, the plan, and the benefits at issue. However, below are some frequently asked questions regarding ERISA disability claims. If you have further questions or your long term disability or ERISA disability claim has been denied, contact one of our experienced ERISA disability attorneys for a free consultation today.

1. What is ERISA? “ERISA” means the Employee Retirement Income Security Act of 1974 – a federal law designed to protect employees who are enrolled in retirement or benefits plans through their employment. ERISA requires accountability of plan fiduciaries and generally defines a fiduciary as anyone who (1) exercises discretionary authority or discretionary control over a plan’s management or exercises any authority or control respecting management or disposition of its assets, (2) renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of such plan, or has any authority or responsibility to do so, or (3) has any discretionary authority or discretionary responsibility in the administration of such plan. In addition to keeping participants informed of their rights, ERISA also grants participants the right to sue for benefits and breaches of fiduciary duty.

2. Who controls ERISA? According to the Department of Labor, there are three separate bodies that administer and enforce ERISA: the Employee Benefits Security Administration, the Internal Revenue Service, and the Pension Guaranty Corporation.

mehr-presents-kentucky-law-update-paducah

Austin Mehr will be presenting at the Kentucky Law Update in Paducah, Kentucky at the Julian Carroll Convention Center tomorrow (October 3, 2019) about Federal Insurance Litigation. Austin’s next presentation will be on October 11 in Pikeville at the East Kentucky Expo Center.

Click here to view and download his Powerpoint presentation.

assembly-line-workers-disability-denials

Assembly line workers have physically demanding jobs. Most assembly line workers perform repetitive movements, frequently lift heavy objects, stand for long periods, bend/twist/kneel/stoop often throughout the day, and function under demanding time constraints. According to the Dictionary of Occupational Titles, Assembly Line Workers perform repetitive tasks on an assembly line to mass produce various products. Assembling components, using tools, and performing a combination of tasks on a repetitive basis are possible duties on a production line.

In our experience, common medical conditions typically suffered by assembly line workers include, but are not limited to:

  • Lumbar spine/back conditions
  • Degenerative disc disease
  • Bulging discs
  • Radiculopathy
  • Pulled muscles
  • Torn rotator cuffs
  • Fatigue
  • Fibromyalgia
  • Chronic pain
  • Carpal tunnel syndrome

It is important to know that ERISA disability policies often have a two-part definition for “disability.” Typically, an insurance company initially investigates to see if you can perform your regular or own occupation. However, after receiving disability benefits for a period of time (usually 24 months), the definition of disability may change. If that happens, the insurance company is no longer determining whether you can perform your own occupation. Instead, the insurance company investigates to see if you can perform any occupation. During this process, the insurance company often finds a less demanding job that it believes you can perform.

judge-orders-prudential-must-produce-documents

Attorney Elizabeth Thornsbury received a favorable Order in federal court against The Prudential Insurance Company of America in an ERISA case on September 4, 2019.  The judge granted Plaintiff’s motion to compel discovery stating that:

“Aliff may conduct some discovery to enable the Court to determine whether such conflict affected Prudential’s benefit decisions.”

Prudential had previously only answered part of Aliff’s discovery requests claiming that she was not entitled to all of the information requested. However, the judge continued to explain that:

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