Insurer Required to Defend Insured

Jul 28, 2016 | Blog |

The Seventh Circuit Court of Appeals affirmed in part and reversed in part the district court’s decision regarding insurer’s duty to defend. Cincinnati Insurance Company brought action seeking declaration that its policy did not apply to the underlying claims against insured, arising out of automobile accident which resulted in death of insured’s wife. The United States District Court for the Central District of Illinois, Richard Mills, J., 2015 WL 4978711, granted in part and denied in part Cincinnati’s motion for summary judgment and granted in part and denied in part insured’s motion for summary judgment. Cincinnati appealed. In August 2010, […]

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Limits to Bad Faith Discovery in Illinois?

May 17, 2016 | Blog |

Zagorski v. Allstate Insurance Company, 2016 IL App (5th) 140056 (May 16, 2016) St. Clair Co. (CATES) Affirmed in part, reversed in part, and vacated in part; remanded with directions.  (WELCH and GOLDENHERSH, concurring.) Plaintiffs filed suit against their insurer, Allstate Insurance Company, alleging vexatious breach of contract and common law fraud, under Section 155 of Insurance Code, in handling of their homeowners’ insurance claim.  Defendant insurer argued that the trial court abused its discretion in permitting the Plaintiffs to discover the number of times in the last five years that Allstate (a) was cited by the Illinois Department of […]

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How Will the Court Review My Long Term Disability Case?

May 12, 2016 | Blog |

In the long anticipated ruling in Fontaine v. Metropolitan Life Ins. Co., No. 14-1984, 2015 U.S. App. (7th Cir. Sept. 4, 2015), the Seventh Circuit affirmed that Illinois’s anti-discretionary clause regulation in 50 Ill. Admin. Code §2001.3, that prohibits discretionary clauses in insured employee benefits plans offered or issued in Illinois, was outside the scope of the preemption power of the Employee Retirement Income Security Act of 1974 (ERISA).  The decision makes clear that the judicial standard of review for all benefits determinations under ERISA plans offered or issued in Illinois is de novo. This ruling confirms a trend of […]

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Social Security Agency Rules Proposal

Mar 21, 2016 | Blog |

The  American Bar Association’s House of Delegates recently approved Resolution 106B. The Resolution proposes various reforms to the rulemaking provisions of the Administrative Procedure Act (“APA”), many of which embrace principles endorsed in past Administrative Conference of the United States recommendations.  This project identifies points of overlap, and offers the Conference’s views on non-overlapping portions of the Resolution. Issuing a Statement on ABA Resolution 106B offers the Conference an opportunity to endorse a series of reforms that would promote transparency and public participation while enhancing the quality of information received by agencies in the notice-and-comment process. Related Links: One suggestion is to hold […]

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Does ERISA Cover My Church-Affiliated Disability Insurance Plan?

Mar 20, 2016 | Blog |

If you work for a religiously affiliated organization, different rules may apply to your disability insurance claim. ERISA does not cover many church plans due to an exception in the law, so it’s important to understand whether your plan qualifies as a church plan before you proceed with a claim.  To learn more about church plans and your long-term disability claim, keep reading.  What Is a Church-Affiliated Disability or Benefit Plan?  Ever since the Employee Retirement Income Security Act (ERISA) was created in 1974, the law has exempted church-affiliated benefit plans from its requirements. However, the definition of what qualifies as a church plan has changed over the years.  In 2017, the Supreme Court issued its […]

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ERISA Preemption in Case of Liberty Mutual Health Insurance Plan

Mar 20, 2016 | Blog |

The Supreme Court ruled that ERISA pre-empts Vermont’s statute as applied to ERISA plans in Gobeille v. Liberty Mutual Insurance Co., decided on March 1, 2016. Liberty Mutual maintains a self-insured employee health plan and some of those employees reside in Vermont. Vermont maintains a health-claims database (an “all-payor claims database” or APCD) that requires all health insurers and self-insured health plans operating in Vermont to report claims information. That information is then made available to insurers, employers, healthcare providers, and others to review issues such as utilization, cost, and quality with respect to healthcare in Vermont. Blue Cross Blue […]

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Congressional Research Service Social Security Primer

Feb 15, 2016 | Blog |

Congressional Research Service (“CRS”) has put out a “primer” on SSA: Social Security Primer Congressional Research Service Summary The Social Security program was established in the 1930s and has been modified by Congress many times over the years. Today, Social Security provides monthly cash benefits to retired or disabled workers and their family members, and to the family members of deceased workers. Among the beneficiary population, approximately 82% are retired or disabled workers, and 18% are the family members of retired, disabled, or deceased workers. In November 2015, nearly 60 million beneficiaries received a total of $74 billion in benefit payments […]

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Skilled Nursing Facilities Increase Therapy Minutes while Federal Fraud Enforcement Plays Catchup

Jan 27, 2016 | Blog |

The Medicare and Medicaid programs were established to ensure the health and medical needs of our nation’s aging and disabled populations. Unfortunately, a small number of doctors,hospitals,nursing homes,drug companies, and other health care providers have taken advantage of our tax dollars by making false claims to Medicare and Medicaid.Common fraudulent schemes include billing for unperformed services, upcoding,excessive service levels,questionable medical necessity,or referral kick backs. Over the past decade,the federal government, led primarily by the Department of Justice (DOJ) and Department of Health and Human Services (DHHS) has heightened its scrutiny of billing by skilled nursing facilities (SNFs).  Some of their […]

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Comments Re Claims Procedure Regulations for Plans Providing Disability Benefits

Jan 18, 2016 | News |

On November 18, 2015, the Employee Benefits Security Administration published new proposed regulations for ERISA disability claims (RIN 1210-AB39; Regulation 29 C.F.R. §2560.503-1).  The Public Comment period runs through January 19, 2016.  I prepared and submitted the following comments regarding two of the most significant proposed changes in claims regulations for plans providing disability benefits: Dear Assistant Secretary Borzi: I write to offer comments on the proposed regulations for amending the claims procedure regulations applicable to disability benefit plans.  I am interested in the content of these regulations because I am an attorney whose practice is focused on the representation […]

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Dismissal of Medline Industries False Claims Act Case Upheld

Jan 18, 2016 | Blog |

The Seventh Circuit upheld the dismissal of a suit filed in 2011 under the False Claims Act on January 4, 2016, finding the Relator was merely adding details to a prior kickback suit remarkably similar to his own.  Bogina v. Medline Industries, Inc., No. 15-1867 (7th Cir. 2016).  Thus, Relator Bogina failed the “original source” requirement as he was not “an individual who has direct and independent knowledge of the information on which the allegation [in his complaint] are based.”  31 USC § 3730(e)(4)(B).  Defendant Medline Industries, Inc. had previously settled a 2007 suit brought by Sean Mason, an employee […]

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Bryant Legal Group - Chicago Healthcare and Disability Attorneys


"Mr Bryant, his partner Jennifer Danish and associate Steve Jackson were efficient, diligent and persistent towards finding a just resolution and favorable outcome for myself and my entire company."

"I used Jennifer Danish for a disability claim. Frustrated that I couldn’t get results myself I found her. She unearthed some issues my doctor did Not notify me of that affect the quality of my life. My end result was positive!"

"Mr. Jackson did an outstanding job in relation to my case. He insured I was. Both prepared as well as informed regarding the hearing. I would highly recommend his skills and personal dedication to the client."

"Though difficult for the obvious reasons, your involvement has made this process infinitely more tolerable. Please know of my sincere appreciation for your efforts. With Very Best Regards,"

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