Disability Estoppel: The Intersection of Disability Benefits and Disability Discrimination Claims
It seems like an obvious conflict: an employee claims that she has a disability and is qualified and able to work at a job. She complains of discrimination because the employer terminated her because of her disability. Yet, in practically the same breath, she applies for disability benefits, insisting that she is unable to work and is therefore entitled to benefits. She should be estopped from one of those claims, right?
Mediation and a Long Term Disability Insurance Benefits Lawsuit
The Critical Role of Mediation in a Long Term Disability Insurance Benefits Lawsuit Mediation (a form of settlement conference) is now used in nearly every long-term disability (LTD) insurance case I litigate. Mediation is most similar to a settlement conference in that it is confidential, not subject to the rules of evidence or rules of court, not recorded […]