All Topics

• Elimiminating Disabilty Claim Mistake #6.

  Ben Glass | March 30, 2006 3:59 PM | 0 CommentsNorthern Virginia, VA

  If your disability insurance claim has been terminated or denied, you must submit additional evidence to convince the insurance company that your claim is meritorious. Most people think that the additional evidence is limited to medical records. Not true:Here is a list of evidence that we have submitted in our disability insurance claims:1. Medical records.2. Detailed opinion letters from...

• Jury awards verdict against doctor in hospital for placing a screwdriver in the patient's back

  Staff Writer | March 30, 2006 2:19 PM | 0 CommentsRoanoke, VA

  A Hawaii jury has awarded damages of nearly $5.6 million in a lawsuit against a surgeon who placed a piece of a screwdriver in the patient's back.Two hours into the surgery the doctor discovered that the titanium rods to be placed in the patient's back were missing and he improvised a new rod by cutting the shaft of a stainless steel medical screwdriver. He did this despite the fact that a...

• Doctor Arrested

  Staff Writer | March 30, 2006 11:15 AM | 0 CommentsRoanoke, VA

  According to the Associated Press, the Chief of Neurosurgery at Highland Hospital in Oakland, California, was recently wrestled to the operating room floor by Sheriff's Deputies and arrested after allegedly going into a drunken rage when a nurse refused to let him operate. Dr. Federico Castro-Mouri was arrested on suspicion of being under the influence and interfering with the duties of a law...

• Drug therapy may partially reverse plaque buildup in arteries

  Staff Writer | March 30, 2006 10:39 AM | 0 CommentsRoanoke, VA

  A study presented in a recent meeting of the American College of Cardiology demonstrates, for the first time, that significantly lowering cholesterol with a statin medication can partially reverse the buildup of plaque in the coronary arteries. Prior research had indicated that aggressive statin therapy could prevent the progression of coronary arterial plaque buildup, but this is the first...

• Mandatory Insurance for Lawyers?

  Ben Glass | March 30, 2006 8:02 AM | 0 CommentsNorthern Virginia, VA

  The Virginia Supreme Court has asked the Virginia General Assembly to study the issue of whether lawyers should be required to carry malpractice insurance. This comes on the heals of the shocking disclosure that 13% of Virginia lawyers carry no insurance whatsoever. Here's what I think about this.I've seen too many folks victimized twice. First by careless lawyering and then by the fact that the...

• Eliminating Disability Claim Mistake #5

  Ben Glass | March 29, 2006 6:53 AM | 0 CommentsNorthern Virginia, VA

  With and employer sponsored disability policy governed by ERISA, you will likely never have a trial. In fact, a major mistake made by some claimants and (unfortunately many lawyers) is assuming that they can add evidence to the claim after the administrative appeal is completed.In most cases, you will not be allowed to add evidence after the administrive appeal is completed. This isn't very fair...

• Eliminating Disability Claim Mistake #4

  Ben Glass | March 28, 2006 6:48 AM | 0 CommentsNorthern Virginia, VA

  If your employer sponsored disability benefits have been terminated or suspended, then your employer owes you documents as well. You should request the plan documents and summary plan description for the disability plan. Employers are required to provide you with the ERISA disability plan documents and the summary plan description (SPD) upon your written request. Employers face stiff daily...

• Eliminating Disability Claim Mistake #3

  Ben Glass | March 27, 2006 6:41 AM | 0 CommentsNorthern Virginia, VA

  In most cases of civil litigation, you are not allowed access to your opponent's files and documents until litigation starts. Denial of employer sponsored disability claims are different, yet most claimants don't take full advantage of the law.If your disability benefits are denied, or benefits that are being paid are terminated, the very first thing you should do is to request your claim file....

• New Court Decision Holds Hotels Liable For Many Criminal Attacks

  Rick Shapiro | March 26, 2006 7:35 PM | 0 CommentsVirginia Beach, Chesapeake & Suffolk, VA

  It is reasonable for the law to impose upon the innkeeper, and on the common carrier, a duty to take reasonable precautions to protect his guests against injury caused by the criminal conduct on the part of other guests or strangers if the danger of injury by such conduct is known to the innkeeper or reasonably foreseeable...." In March, 2006, the Virginia Supreme Court announced a...

• Eliminating Disability Claim Mistake #2

  Ben Glass | March 24, 2006 1:53 PM | 0 CommentsNorthern Virginia, VA

  Unlike most "breach of contract cases" there is almost always an internal appeals process that must be undertaken in an ERISA disability benefits case. The failure to utilize the appeal process is usually fatal to an ensuing lawsuit.Here's the real problem with the appeal process:You generally have only 180 days to appeal the claim. In Virginia, you would have five years to file a 'breach of...