Proven. Reliable. Victorious.
“Brent was knowledgeable, thoughtful and had a strategic approach. I will never be able to properly thank Brent enough for helping me reach a positive outcome. Brent was efficient with his time and strategy, unbelievably empathetic and re-assuring. Thank you to Brent....I am forever grateful.”
Welcome to Dorian Law’s blog page. This is where we write about useful tips, emerging trends, and provide thoughtful insights regarding LTD, Life, and AD&D Insurance benefits. Search for something you are interested in or check out a topic from the list below. Whatever brought you here, I hope we can make a difference.
- AI Legal Risks
- Abuse of Discretion
- Accidental Death Insurance (AD&D)
- Attorneys' Fees
- Bad Faith
- Best Font for Legal Briefs
- Breach of Fiduciary Duty
- Case Review Corner
- Cherry-Picking Medical Records
- Costs
- Denied Disability Benefits
- Disability Insurance Company Tactics
- Disability While Working
- Duty to Cooperate
- ERISA
- ERISA Preemption
- ERISA disability claims
- Exhausting Administrative Remedies
- Fibromyalgia
- Footnote Citations
- Hiring an Insurance Lawyer
- Individual Disability
- Interpleader
- LTD Appeal Checklist
- Legal Document Design
- Legal Ethics
- Legal Typography
- Legal Writing Tips
- Life Insurance
- Long Term Disability
- Long Term Disability Insurance
- Long-COVID
- Lupus
- ME/CFS
- MetLife
- Objective Medical Evidence
- Pre-existing Condition
- Provider Reimbursement
- Reliance Standard
- Retroactive Disability Claims
- Sedentary Work
- Severance Agreement
- TBI
- Taxes
- The Litigation Back Docket
- Unum
- Waiver of ERISA Claims
- insurance appeal
- insurance exclusions
- real case examples
Who Gets to Write ERISA’s Rules? Exhaustion, Freedom of Contract, and the Questions Bolton Leaves Open
The en banc Eleventh Circuit held that ERISA itself does not require exhaustion of statutory claims — and reserved two harder questions. Where does the benefits-exhaustion requirement come from, if not the statute? And if a plan cannot contract away ERISA’s protections, why should its choice-of-law clause contract away state insurance protections the saving clause preserves?
Dorian Law Takes Meta Employee’s Lincoln LTD Denial to Judgment — and Wins the Question That Decided the Case
A federal court in the Northern District of California held that Lincoln National wrongly denied a Meta employee’s long-term disability claim as “pre-existing” — because Lincoln never applied the Policy’s own Rehire Terms. The claimant, a content designer with a traumatic brain injury who was rehired within six months of leaving Meta, was found disabled through at least February 2025. Before the case was filed, general-purpose AI tools reviewed the same policy and denial letters and concluded Lincoln was right. The Court disagreed, and said why.
I Won Social Security Disability. Why Did My LTD Insurer Deny Me?
A Social Security disability award doesn’t bind your long-term disability insurer, but the insurer can’t simply ignore it. For claims filed after April 1, 2018, the denial must explain why the insurer disagrees. Here’s how courts weigh the award, why timing matters, and how to build your appeal around it.
Is Your Denial Letter Defective? A Checklist Based on Federal Law
Your denial letter must include specific information under federal law. This checklist compares your disability, life, or AD&D denial to the requirements, one item at a time, and shows what courts have done when an insurer left something out.
The Death Certificate Says ‘Accident.’ Why Was the AD&D Claim Denied?
A death certificate that says “accident” doesn’t guarantee AD&D benefits. When a stroke or other illness comes before a fatal fall, insurers deny the claim. Here’s what courts actually ask, and what an appeal of a benefit denial needs to prove.