UPDATE ON TREATING PHYSICIAN RULE IN SOCIAL SECURITY DISABLITY CASES

In a previous blog it was noted that if a Social Security disability Claimant has obtained an opinion from his or her treating physician that is supportive of disability and is consistent with the overall medical evidence, then that opinion should be given deference by the Administrative Law Judge (“ALJ”) over any opinions submitted by Social Security’s medical consultants or consultative examiners. Continue reading “UPDATE ON TREATING PHYSICIAN RULE IN SOCIAL SECURITY DISABLITY CASES”

INSURANCE COMPANIES COMMONLY, AND IMPROPERLY, CHANGE THE REASONS FOR THEIR DENIAL DECISION IN AN ERISA DISABILITY CLAIM

Insurance companies act unreasonably when they terminate benefits for one reason, only to offer an entirely different reason for terminating the same benefits on appeal. See Wenner v. Sun Life Assurance Company of Canada, 482 F.3d 878 (6th Cir. 2007) (reinstating benefits where benefits terminated for one reason, then a different reason was offered on appeal). Continue reading “INSURANCE COMPANIES COMMONLY, AND IMPROPERLY, CHANGE THE REASONS FOR THEIR DENIAL DECISION IN AN ERISA DISABILITY CLAIM”