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The New York Disability Law Blog

Information, help and support for disabled individuals with long term disability, social security disability and workers' compensation claims.
By Turley, Redmond & Rosasco, LLP

Post Frequency: 1.6/day

Last Entry: November 12, 2009 at 17:16:16

Jury Awards DePascale Plaintiffs $12 Million Against Verizon for Failure to Clean Toxic Waste Site in Hicksville

Posted on November 12, 2009
In a ground-breaking victory in a David vs. Goliath courtroom setting (it appeared that Verizon had no fewer than 15 attorneys from around the country at the trial), our client Gerard DePascale, his wife, and Liam Neville were awarded $12million today by a jury against Verizon in federal District Court in Central Islip, New York...

Disability Attorney Named to Board of Advisors at St. John's University Center for Labor and Employment Law

Posted on November 10, 2009
I am looking forward to attending the Inaugural Dinner of the new St. John's University School of Law Center for Labor and Employment Law at the Williams Club in New York City this Thursday. In attendance will be our Law School's new Dean, Michael A...

LexisNexis Names New York Disability Law Blog Top Workers' Comp Blog for 2009!

Posted on November 03, 2009
The Attorneys at Turley Redmond, Rosasco & Rosasco are honored to have LexisNexis name our New York Disability Law Blog one of the top 25 workers compensation blogs in 2009 from across the United States for the second year running! LexisNexis is the premier legal publisher in the US, and to have their commendation means a lot not only to our law firm, but to our loyal readers as well...

Montana Wins ERISA Disability Claim Discretionary Clause Appeal - Why Doesn't New York Have Similar Ban?

Posted on October 29, 2009
"Discretionary Clauses" in ERISA disability insurance policies are the largest cause of unfair ERISA LTD claim denials across the country. They essentially create an uneven playing field in favor of an already powerful insurance company over a disabled claimant...

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Rosasco Lectures Again to Social Security Disability Attorneys on LTD Claims at NOSSCR Conference in San Francisco

Posted on October 02, 2009
I had the pleasure to lecture to Social Security Disability Lawyers this past Spring at the NOSSCR Conference in Washington, DC about "Winning Long Term Disability Claims at the Initial Level". They have invited me back to lecture on the topic of "Winning your First ERISA Long Term Disability Administrative Appeal" at their Fall NOSSCR Conference on October 16, 2009 in San Francisco...

New Law Permits 9/11 Ground Zero Workers to Sue NYC according to Lawyer Rosasco

Posted on September 30, 2009
Great legal news for injured and ill 9/11 rescue and recovery workers! In an article published in Newsday today, Governor David Paterson has just signed a new law effective September 16, 2009 allowing workers who missed lawsuit filing deadlines to sue New York City for negligence for telling workers that the air at Ground Zero was safe, when in fact it was deadly soup of toxins...

Rosasco to Lecture on Workers' Compensation & Disability Law to State Bar Association

Posted on September 21, 2009
I will be travelling to Albany this Friday to present a lecture to the New York State Injured Workers' Bar Association (IWBA) entitled "The Interplay between Long Term Disability Claims, Social Security Disability Claims and Workers' Compensation Claims"...

Remembering 9/11: Ground Zero Ironworker Picurro Still Fighting for Life

Posted on September 11, 2009
On the eight anniversary of 9/11, it seems appropriate that we all recognize that the health impacts on both victims and Ground Zero rescue workers continue in many cases to increase, not decrease. A colleague forwarded me this excellent video from this morning's Democracy Now program regarding Ground Zero and the case of rescue worker Joe Picurro...

Happy Labor Day 2009 from Queens' Workers Compensation Lawyers

Posted on September 07, 2009
Turley, Redmond & Rosasco, LLP, New York's Leading Construction Accident Lawyers and Workers' Compensation Lawyers, wishes all NY workers, either healthy or injured, a restful Labor Day 2009. You deserve it...

Is Daniel J. Hickey, Jr. the "Bernie Madoff" of New York Workers Compensation?

Posted on September 04, 2009
That's my opinion as quoted recently in an excellent piece of investigative journalism by Mary Beth Pfeiffer of the Poughkeepsie Journal. Why label him the "Bernie Madoff" of NY Workers' Comp? As a result of his alleged actions, many small employers throughout New York State are now facing tremendous liabilities and possible bankruptcy because Daniel G...

Should You Hire a "Social Security Disability Advocate" or a Real Lawyer to Represent You in Your Disability Claim?

Posted on August 04, 2009
In my opinion, why eat hamburger when you can have steak for the same price? So called "Social Security Disability Advocates" are now swarming throughout the country, with new ones popping up every day. What do you need to know about some of these outfits before signing up and risking your hard earned Social Security Disability benefits to some faceless, out-of-state entity? Don't be fooled by slick websites with smiling people - many of these outfits are nothing more than disability claim factories and some have major conflicts of interest...

New York Long Term Disability Lawyers Get Bad Decision for Claimants from Appeals Court

Posted on July 09, 2009
NY Long Term Disability Attorneys have had some pretty good days in the Second Circuit Court of Appeals recently with cases like McCauley v. Unum. Unfortunately, today the winning streak stopped cold with the mind-boggling decision in Burke v...

New York Disability Lawyer Adds Informational Twitter Posts to Blog

Posted on July 07, 2009
OK - its time to try out this Twitter thing! My good friend Kevin O'Keefe of LexBlog says it is an important tool to provide helpful info to my clients and readers, and I have great respect for his opinions on lawyers and Internet technology. If you look to the left side of our blog and scroll down a bit, you will see my last five Twitter posts...

Judge Robert E. Beloten Appointed New York Workers Compensation Board Chairman

Posted on July 02, 2009
When I first started practicing workers' compensation law in the early 1990's at the Hempstead, NY hearing office, Robert (Bob) Beloten was one of the sitting Workers' Compensation Law Judges. In many ways, I was very "green" and needed some guidance on how things "really worked" at the WCB...

NY Independent Medical Examiners (IME's) and Fuctional Capacity Evaluators (FCE's) Subject to Medical Malpractice Lawsuits on Disability Claims

Posted on July 01, 2009
How many times has one of your clients told you the IME or FCE physically hurt them during the course of a so called "independent medical exam" or "functional capacity exam"? What if the injury is permanent? Can they sue the IME doctor or physical therapist for medical malpractice? According to a sharply divided NY Court of Appeals, the answer is "Yes"...

New Workers Compensation IME Rule May Stop Brokers from Altering Reports in New York

Posted on June 29, 2009
Adding to an increasingly positive legacy, outgoing NY Workers' Comp Board Chairman Zachary S. Weiss has left injured workers a major tool to combat insurance company IME (independent medical exam) fraud in NY. As I explained in a WorkersComp Central article discussing the new IME rule, IME "brokers" will no longer be able to have "secret" conversations with IME doctors regarding the results of their reports...

NY Workers Compensation Board Chairman to become Social Security Disability Judge

Posted on June 16, 2009
I should have picked up the clues! A few weeks ago I was speaking at the New York Social Security Disability Bar Association Annual Dinner in Manhattan. This is always a great night for the Bench and the Bar break bread and have a few laughs...

Ground Zero Worker Daniel Arrigo Waits for Workers' Comp - Rosasco Says Sadly Familiar in Workers' Comp Central Article

Posted on May 11, 2009
Last week the New York Daily News had an excellent story by Heidi Evans detailing the battle 9/11 responder Daniel Arrigo has gone through to obtain his workers' compensation benefits. Here we are - nearly 8 years since the World Trade Center tragedy - and insurance companies are now to fighting 9/11 workers comp claims harder than ever as the spotlight has shifted from terrorism to the economy...

Winning LTD Claims at the Initial Application Level: Troy Rosasco to Lecture at NOSSCR Disabitlity Lawyer Conference in Washington DC

Posted on April 23, 2009
I will be speaking at the NOSSCR Disability Attorney Conference on May 13, 2009 in Washington, DC on the topic of: Winning Long Term Disability Claims at the Initial Level. As those of you who read this blog regularly know, I am a big ( must do, mandatory, stupid if you don't) proponent of at least consulting with a long term disability lawyer prior to filing for LTD on your own...

Third Installment of New York Times Article on Workers' Compensation is Weakest Yet

Posted on April 02, 2009
Yada Yada Yada! The final installment of the NY Times series on the New York Workers' Compensation system is much like the first installment - a regurgitation of anecdotal pablum with quotes from disgruntled workers and employers...

Second New York Times Article on Workers' Compensation Closer to the Mark

Posted on April 01, 2009
As you can tell from reading my post yesterday, I was not overly impressed by the first installment of the NY Times series on the Workers' Compensation system in New York. I thought it was high on editorial comment, yet lacking in actual analysis of facts that might lead to to productive solutions...

New York Times Article on Workers' Comp System Disapoints

Posted on March 31, 2009
Today's New York Times article on the NY Workers' Compensation system is a major disappointment given that the paper spent 18 months preparing what is essentially an extended "human interest" story. The article is filled with anecdotal reports of claimant suffering and unsubstantiated editorials masquerading as fact...

New York Times Article on Workers' Comp System Disappoints

Rosasco to Lecture on Workers' Compensation Claims at St. John's Law School

Posted on March 30, 2009
I'll be giving my annual New York Workers' Compensation Law lecture to the St. John's Law School Labor Relations and Employment Law Society this Wednesday, April 1, 2009 at 6:30 PM. My friend David L. Gregory, the Dorothy Day Professor of Law, has asked me to speak on "real world" workers' comp issues to his students for over ten years now...

Rosasco to Receive Clara Lemlich Public Service Award at Triangle Shirtwaist Factory Fire Memorial Dinner

Posted on March 09, 2009
I am humbled to have been selected a 2009 recipient of the Clara Lemlich Public Service Award from the Triangle Shirtwaist Factory Fire Memorial Foundation for my work as Co-Chairman of the New York State Workers' Compensation Alliance. My fellow recipients include Secretary of State Hillary Rodham Clinton, American Federation of Teachers President Randi Weingarten, Injured Workers' Bar Association President Barbara Levine and the Hon...

Congratulations President Obama: Now Please Fix ERISA Disability Claims Law

Posted on January 20, 2009
First and foremost, congratulations to our new President - Barack Obama. His historic election will forever change the way opportunity and entitlement are viewed in the United States. He has tremendous challenges before him, but with our support and shared sacrifice, perhaps we can right this dangerously leaky ship we call America...

Veteran Long Term Disability Insurance Defense Attorney Michael Yoeli Joins Turley Redmond and Rosasco

Posted on January 08, 2009
Michael Yoeli, one of the most experienced long term disability lawyers in the legal community, has joined Turley Redmond and Rosasco as 'Of Counsel". After a distinguished career on the defense side of the long term disability bar, Mike has been representing individuals and policyholders solely since 1998 and has used his prior experience and contacts to obtain several million dollar settlements for claimants against long term disability insurers...

McCauley v. First Unum: A Second Circuit New Year's Gift to NY Long Term Disability Lawyers

Posted on January 01, 2009
Actually, the scathing Second Circuit decision in McCauley v. First Unum Life Ins. Co., 2008 U.S. App. LEXIS 26094 (2nd Cir., Dec. 24, 2008) came down this past Christmas Eve. But why quibble with form over substance when heralding this ground-breaking, pro-claimant decision interpreting the Supreme Court's recent decision in MetLife v...

LexisNexis Honors the New York Disability Law Blog as a "Top 25" Workers' Compensation Lawyer Blog for 2008

Posted on December 29, 2008
The Lexis Nexis Workers’ Compensation Law Center Powered by Larson’s recently announced the 2008 honorees for the LexisNexis Top 25 Blogs for Workers’ Compensation. The New York Disability Law Blog, published by Turley, Redmond & Rosasco, LLP, was selected as a 2008 honoree...

Merry Christmas and Happy Holidays 2008 from NY Disability Attorneys Turley, Redmond and Rosasco !

Posted on December 23, 2008
At this festive time of year, when so many of us are struggling in economic despair, let us not forget all that we still have. In the spirit of the Christmas season, let us try to put aside our worries, if only for one day, and rejoice for the things that matter most - the happiness and health of our families...

Wal-mart Now Under Criminal Investigation by Nassau DA Kathleen Rice for Worker Stampede Death

Posted on December 15, 2008
Nassau County District Attorney Kathleen Rice must have been reading the New York Disability Law Blog recently when we were the first to call for a criminal probe of Walmart's role in causing the death of it's employee, Jdimytai Damour. As reported in Newsday, this aggressive prosecutor is willing to use the power of her office to place a bright light on worker safety AND employer responsibility...

New York Workers' Compensation Law Will Prevent Lawyer from Suing Wal-Mart Directly for Negligence

Posted on December 05, 2008
It has now been one week since the sad death of Walmart worker Jdimytai Damour, and of course, this being New York, the lawsuits are already flying. One attorney has filed a lawsuit for the family against Walmart in the Bronx (where else!) claiming Walmart was "careless, reckless and negligent"...

Walmart Criminally Responsible for "Door-Buster" Sale Worker Death?

Posted on November 29, 2008
Photos courtesy of Newsday In the wake of yesterday's Black Friday Walmart tragedy, one's first reaction might be to blame the alleged "savages" who trampled the innocent Walmart worker. However, in reality, it was Walmart's greed and disregard for it's own workers' safety that caused the preventable death of Jdimytai Damour...

Compassionate Allowances for Social Security Disability Claims

Posted on November 26, 2008
The Social Security Administration has recently developed a new procedure for handling disability claims from claimants with the most severe and disabling conditions. The new procedure allows decision-making on these claims to be "fast-tracked" (not necessarily approved) given the current Social Security backlog...

Wild West Medicare Open Enrollment Starts Tomorrow for Social Security Disability Recipients

Posted on November 14, 2008
Tomorrow begins the "Wild West" Medicare plan open enrollment period for Social Security disability recipients. Social Security disability recipients entitled to Medicare can change their Medicare Advantage plan and Medicare Part D prescription drug coverage plan between November 15, 2008 and December 31, 2008...

Unum, America's Largest Long Term Disability Insurer, Found Guilty of Social Security Disability Fraud

Posted on October 24, 2008
Today's NY Times reports that a federal jury in Boston has found Unum, the nation's largest long term disability (LTD) insurer, committed fraud by requiring it's customers to apply for Social Security disability (SSD) benefits, even though they knew they were not eligible...

Rosasco Attends NOSSCR Disability Lawyer Conference in LA

Posted on October 23, 2008
I had a great time at the NOSSCR Social Security Disability law conference in Los Angeles last week. I actually had a chance to chat with Social Security Commissioner Michael Astrue down at the pool. This is a very bright guy, and in my opinion he is moving the agency in the right direction...

Long Island Rail Road Disability Claim Scandal Widens

Posted on October 10, 2008
According to an article in Newsday today regarding the LIRR disability retirement scandal, Attorney General Andrew Cuomo has now issued subpoenas to four long term disability insurance companies and five Long Island doctors who predominately examined LIRR workers...

9/11 Remembered: New York's Most Tragic Workers Compensation Accident in History

Posted on September 11, 2008
As the New York Disability Law Blog has done since its inception, today we pay respects, on the seventh anniversary of 9/11, to the families of all those killed or injured in this devastating terrorist attack. I truly hope one of our presidential candidates finally chases Osama Bin Laden to "the gates of hell"...

Social Security Commisioner Michael Astrue Issues Important Statement on Disability Claim Backlog

Posted on July 31, 2008
Eliminating the backlog of Social Security Disability claims is a moral imperative, according to a recent report issued by SSA Commissioner Michael J. Astrue to Social Security lawyers throughout the country. We agree! Too many disabled Americans are suffering financially while they wait for a Social Security hearing...

Social Security Commissioner Michael Astrue Issues Important Statement on Disability Claim Backlog

Good Morning America Reports on CIGNA Disability Insurance Claim Denials

Posted on July 02, 2008
Good Morning America continues to report on the horrors that claimants experience fighting long term disability insurance companies throughout the country...

US Supreme Court Rules in MetLife v. Glenn: Major Impact on ERISA Long Term Disability Claims Around Country

Posted on June 19, 2008
The decision all ERISA long term disability attorneys around the country have been waiting for, Metropolitan Life Insurance v. Glenn, 554 U.S. ____ (2008) , finally came down from the U.S. Supreme Court this morning . Click here for the full decision...

NY Disability Attorney to Attend American Confernce Institute Conference on Litigating Long Term Disability Insurance Claims

Posted on June 10, 2008
I'm off to Boston this week to attend the premier LTD Litigation conference in the country. See the conference schedule here for some of the cutting edge ERISA and medical issues we will be discussing. Some of the best long term disability lawyers in the country will be speaking on trial techniques, mediation of claims and recent case law...

New York Disability Lawyer Troy Rosasco Off to Miami NOSSCR Social Security Law Conference

Posted on June 02, 2008
I'm off to Miami Beach (yes - a conference in Miami in June!) tomorrow for the semi-annual NOSSCR Social Security Disability Law conference through Friday. In between my responsibilities representing the Second Circuit on the Board of Directors of NOSSCR, I plan to take advantage of some of the great seminars NOSSCR always offers...

Nassau County Workers Compensation Lawyer: Newsday Reports on Permanent Partial Disability Lump Sum Settlements

Posted on April 08, 2008
There are literally thousands of former Nassau County workers who are currently receiving lifetime workers' compensation payments (pensions) for life due to on- the- job injuries. I know - I have represented a large number of these unfortunate individuals...

New York Disability Lawyer Wins Appeal in Major Wall Street Broker Case Against Guardian

Posted on February 08, 2008
The New York Mercantile Exchange (NYMEX) is right around the corner from our Wall Street office. Last July, a very successful Commodity Broker called our office for legal representation in his appeal of a denial of his ERISA long term disability claim against The Guardian Insurance Company...

Workers' Compensation Attorney Troy Rosasco Interviewed for ABC News Story on Undocumented Worker Construction Accident Deaths

Posted on January 16, 2008
ABC News published an important article today highlighting the sharp rise in immigrant worker deaths on construction sites in the New York City area. This problem, which I addressed in a prior post recently, is reaching epidemic proportions...

CBS News Special Report on Social Security Disability Claim Backlog

Posted on January 15, 2008
Last night the CBS Evening News with Katie Couric unveiled the first of two special reports on the Social Security Disability claim backlog. My friend and fellow Social Security Disability lawyer, John Hogan, was interviewed and spoke of the 2 1/2 year wait for a hearing in the Atlanta area! When you see the disabled claimant's profiled in this report, you will realize how cruel and unacceptable such waits are...

Happy 2008 from New York Disability Attorneys - Turley, Redmond & Rosasco

Posted on December 31, 2007
Happy New Year to all the readers of the New York Disability Law Blog! Over the course of 2007, we are pleased to report that our firm has once again helped thousands of injured and disabled claimants successfully win the benefits they deserve.Our blog has tried to provide timely and helpful information to all those struggling with a variety of disability claims, including long term disability insurance claims, Social Security disability claims, workers' compensation claims and VA disability claims...

Merry Christmas to All from New York Disability Lawyers!

Posted on December 25, 2007
"This boy is Ignorance. This girl is Want. Beware them both, and all of their degree, but most of all beware this boy..." - Charles Dickens, A Christmas Carol (1843). At this festive time of year, when so many of us have more worldly goods than we truly need, let us not forget those among us who are not working due to accidents or disease...

New York Times Reports on Social Security Disability Claim Crisis

Posted on December 11, 2007
Yesterday's front cover of the NY Times had an article detailing the long delays in the Social Security Disability claim process. Much of the backlog is the result of Congress failing to adequately fund a Social Security disability claim system which is now facing more claims due to the aging of the "baby boomer" generation...

NY Disability Attorney Files Class Action Lawsuit Against Verizon for Potential Cancer Victims

Posted on November 19, 2007
As detailed in Newsday today, Mitchell Breit of the national class action law firm of Whatley, Drake & Kallas and the disability law firm of Turley, Redmond & Rosasco have filed a "medical monitoring" class action lawsuit against Verizon in New York Supreme Court, County of Brooklyn, for workers who previously worked at the former Sylvania nuclear fuel rod plant in Hicksville, Long Island...

Rosasco Attends Veterans Disability Attorney Conference in DC

Posted on November 07, 2007
As an Air Force veteran myself, it was reassuring to know that so many talented veteran disability claim lawyers were in attendance at the National Organization of Veterans' Attorneys (NOVA) conference last week in Washington, DC...

Turley, Redmond & Rosasco Partner Endorsed by Newsday for Suffolk County Legislature

Posted on October 29, 2007
Turley, Redmond & Rosasco founding partner William "Bill" Turley was endorsed today by Newsday as Smithtown's next representative in the Suffolk County Legislature. Bill, who has been practicing workers' compensation and disability claim law on Long Island for over 20 years, impressed the Newsday staff with his innovative ideas on clean energy and immigration...

Workers' Compensation Construction Accident Deaths Soar in NYC

Posted on October 23, 2007
Being a construction worker in New York City is becoming more deadly, according to new reports from the Federal Bureau of Labor Statistics. Amid a building boom in New York, construction worker accident related deaths are up 87% since 2005. As the NY Times reported earlier this year on construction deaths, Mayor Michael Bloomberg has already taken some positive health and safety inspection measures to stem work related scaffold and ladder accidents in New York City...

Rosasco to Attend National Social Security Disability Attorney Conference in St. Louis

Posted on October 16, 2007
I'm off to St. Louis to attend the NOSSCR conference for the next few days. In between my Board of Directors meetings, I'll be sharpening my Social Security disability lawyer skills at some of the great seminars NOSSCR always offers. See you on the blog next week...

Disability Lawyer Volunteers at Long Island MS Society "Meet the Attorney" Night

Posted on October 10, 2007
Thanks to Jane Reilly and all those at the Long Island, New York Chapter of the National Multiple Sclerosis Society for inviting me to participate at their annual free "Meet the Attorney" night last week at the Melville headquarters. I had a private meeting with a lovely woman struggling with MS to discuss both her ERISA long term disability claim with Unum, and her pending Social Security Disability claim...

New Test for Chronic Fatigue Syndrome Will Help Long Term Disability Claims

Posted on September 24, 2007
It's all in your head! You do not have "objective medical evidence" of a disabling condition! Your symptoms are "self reported" and not supported by "testing"! Any chronic fatigue syndrome (CFS) sufferer whose disability claim has been denied by either Social Security or an LTD insurance company has seen these infuriating phrases before...

The Forgotten 9/11 Ground Zero Heroes

Posted on September 11, 2007
Marie Cocco of the Washington Post has a great column today profiling one of our clients, Jeanmarie DeBiase, the widow of 9/11 hero Mark DeBiase. While sick police officers and firefighters have received much deserved attention, workers in a variety of occupations, without whom the Ground Zero clean-up could not have been possible, have not received the same level of press...