Monthly Archives: October 2013

An American Tragedy

            Act 1: A young parent secures a reasonably well-paying job with good benefits. In truth, because the family is young and dependent on her income, the fringe benefits are a significant factor in the decision to take the job. The new job holder feels secure in the knowledge that […]

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Fibromyalgia is a Physical Disease and Not Psychosomatic

For years people disabled from fibromyalgia have put up not only with the painful condition but also with the callous treatment by disability insurers who treat them as if they are lying malingerers. Insurance companies get away with it because the public generally is not well educated about the disease and it has not been […]

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DISABILITY BENEFITS ARE “EARNINGS” WITHIN THE MEANING OF THE CONSUMER CREDIT PROTECTION ACT

The Eighth Circuit Court of Appeals recently ruled in U.S. v. Ashcraft, No. 12-2449 (8th Cir. 10/9/2013) that disability benefits are “earnings” within the meaning of the Consumer Credit Protection Act, 15 U.S.C. § 1673(a) (“CCPA”), and therefore are protected by that act. The CCPA protects a portion of earnings from garnishment. Generally, only the lesser […]

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When does the Clock Start Ticking For the Deadline to File an ERISA Suit?

My Friend Steve Krafchick, one of the best ERISA lawyers in the country, handled a case for Ms. Julie Heimeshoff against Hartford. The insurance policy said that any suit for benefits against Hartford had to be filed within 3 years of the date proof of loss was first due. As a general rule, proof of […]

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