http://www.colorado-disability-lawyer.com/blog Just another WordPress weblog Thu, 26 Aug 2010 21:30:12 +0000 http://backend.userland.com/rss092 en Our office has uncovered what we believe to be a significant error in the way the Colorado Public Employee Retirement Association (PERA) administers its disability retirement program. As a Colorado PERA member, you may be entitled to certain disability benefits if you are no longer able to work. ... http://www.colorado-disability-lawyer.com/blog/pera-claims/pera-short-term-disability-claims-improper-claims-handling-standard-insurance/ A horrific accident occurred in Denver on Saturday, April 3, 2010 in which two people riding in another vehicle were tragically killed when struck by an RTD bus. From a legal standpoint, the relatives of the deceased will never receive fair compensation for their losses, regardless of the conduct ... http://www.colorado-disability-lawyer.com/blog/1/personal-injury-claims-against-rtd-are-limited/ Magistrate Judge Kristen Mix of the U.S. District Court for the District of Colorado recently found in favor of an ERISA long-term disability claimant’s right to conduct discovery. This order can be found in Almedia v. Hartford Life and Accident Insurance Company, No. 09-cv-01556-ZLW-KLM, 2010 WL 743520 (D.Colo. March ... http://www.colorado-disability-lawyer.com/blog/erisa-claims/another-favorable-erisa-decision-allowing-discovery/ This office handles a great many number of claims on behalf of PERA Members who are seeking disability benefits. The PERA Disability Program is administered by Standard Insurance Company. For a more detailed discussion of PERA issues, please refer to the PERA disability section of our website by ... http://www.colorado-disability-lawyer.com/blog/pera-claims/favorable-rulings-received-in-pera-disability-claim/ The 10th Circuit Court of Appeals recently issued a decision addressing two ERISA issues: (1) what constitutes a “governmental plan;” and (2) the right to trial by jury. These issues were addressed in the case of Shirley Graham v. Hartford Life and Accident Insurance Company, 589 F.3d 1345 (10th ... http://www.colorado-disability-lawyer.com/blog/erisa-claims/erisas-exemption-for-governmental-plans-and-right-to-jury-trial-according-to-the-tenth/ Earlier this year, the Law Office of Shawn E. McDermott, LLC received a favorable decision from the United States District Court Judge Christine M. Arguello in an ERISA long term disability case involving two important issues. The case handled by this office is titled Mark Kohut v. Hartford Life ... http://www.colorado-disability-lawyer.com/blog/erisa-claims/favorable-ruling-against-pre-emption-of-colorados-ban-on-discretionary-clauses-in-erisa-disability-case/ ...... The President recently signed into law an economic stimulus package titled The American Recovery and Reinvestment Act. This law may impact your health care and other employee benefits. The plan includes provisions to assist certain eligible jobless workers pay for health insurance under COBRA. COBRA applies ... http://www.colorado-disability-lawyer.com/blog/uncategorized/the-american-recovery-and-reinvestment-act-impact-on-cobra-rights/ The U.S. Congress and our newly inaugurated President Obama signed into law this morning the Lilly Ledbetter Fair Pay Act. This new law is a clear repudiation of the conservative Supreme Court’s ruling last year in Ledbetter v. Goodyear which many legal scholars agree wiped out years of employment ... http://www.colorado-disability-lawyer.com/blog/uncategorized/lilly-ledbetter-and-obama%e2%80%99s-first-bill-signed-into-law/ The American Association for Justice (formerly the Association of Trial Lawyers of America) recently released a new report on the insurance industry titled “Tricks of the Trade: How Insurance Companies Deny, Delay, Confuse and Refuse.” The report reviews some of the egregious ways the industry attempts to make large ... http://www.colorado-disability-lawyer.com/blog/insurance/insurance-companies-tricks-of-the-trade/ The Law Office of Shawn E. McDermott LLC recently won a Colorado appellate case on behalf of its clients relating to uninsured/underinsured (UM/UIM) automobile insurance benefits. In this case, our clients, the Meza family members, had pursued a wrongful death claim under six different underinsured motorist policies issued to ... http://www.colorado-disability-lawyer.com/blog/auto-accidents/successful-underinsured-motorist-claim-appellate-decision/