Thank you for sharing!

Your article was successfully shared with the contacts you provided.

ERISA-governed group long-term disability claims are frequently litigated in both the Eastern and Southern districts of New York. To make a successful claim under a group long-term disability plan, an employee generally has to provide proof that an injury or sickness prevents her from performing either her own occupation or any occupation for which she is reasonably suited. In the end, the proof in every long-term disability claim boils down to "subjective complaints." For example, while cancer can be "objectively" proven, its disabling sequelae, pain and fatigue, are entirely subjective. Although an X-ray can verify a spinal fracture and an MRI can often verify a herniated disk, the disabling pain and numbness flowing from them cannot be objectively confirmed, only clinically correlated. Quite simply then, all disability claims require claimants to explain how sickness or injury subjectively disables them in order to establish a valid claim in the first instance.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.