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Welcome to Dorian Law’s blog page. This is where we write about useful tips, emerging trends, and provide thoughtful insights regarding LTD, Life, and AD&D Insurance benefits. Search for something you are interested in or check out a topic from the list below. Whatever brought you here, I hope we can make a difference.
- Abuse of Discretion
- Accidental Death Insurance (AD&D)
- Attorneys' Fees
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- Best Font for Legal Briefs
- Breach of Fiduciary Duty
- Case Review Corner
- Cherry-Picking Medical Records
- Costs
- Denied Disability Benefits
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- Disability While Working
- Duty to Cooperate
- ERISA
- ERISA Preemption
- ERISA accidental death claims
- ERISA disability claims
- Exhausting Administrative Remedies
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- Provider Reimbursement
- Punitive Damages
- Reliance Standard
- Retroactive Disability Claims
- Sedentary Work
- Severance Agreement
- TBI
- Taxes
- Unum
- Waiver of ERISA Claims
- insurance appeal
- insurance denial
Understanding “Abuse of Discretion” in ERISA Long-Term Disability Claims
Can your disability insurance company just make up their own rules?
When long-term disability (LTD) benefits are denied under ERISA, insurers often claim broad discretion. But if they twist or ignore the plan's actual terms, that's an abuse of discretion—one you can challenge. Here’s how it works, what the law says, and what you need to know to fight back.
Chevron ERISA LTD Plan Denied Deference—What It Means for You
Dorian Law PC recently helped secure a major ERISA litigation win against Chevron, convincing a federal court to strip discretionary review from its long-term disability plan. The ruling not only impacts our client’s claim—it reshapes the legal playing field for thousands of employees with LTD benefits governed by ERISA. Here's how we did it—and what it means for you.
Understanding State Bans on Discretionary Clauses in Insurance Policies
Facing an Unfair Insurance Claim Denial? Did you know your insurance company might have the final say on your claim, even if it seems unjust? This power comes from "discretionary clauses" hidden in some insurance policies, allowing insurers to interpret the rules in their favor. This can be a major hurdle, especially in long-term disability, life insurance, and AD&D claims, often governed by ERISA. While many states are banning these clauses to protect policyholders, there's a catch for those in self-funded ERISA plans. These plans often aren't subject to state insurance regulations, meaning discretionary clauses could still impact your claim.