Mark P. Scherzer Law Blog

The Supreme Court’s recent decision in Metropolitan Life Insurance Company v. Glenn, 128 S. Ct. 2343 (Jun. 19, 2008) is likely to have beneficial effects on judicial review of ERISA-governed disability and other welfare benefit claims, particularly in the Second Circuit, which includes New York.  The Court’s analysis allows district courts more freedom to consider the impact of an... Read More

Attorneys Mark Scherzer and A. Christopher Wieber are contributing co-authors to the "Private Insurance" Chapter of AIDS and the Law (4th Ed., Aspen Publishers), along with Editor David W. Webber, Esq.  http://www.aidsandthelaw.com/  The chapter addresses access to health, life and disability insurance coverage, HIV testing, making disability claims under private insurance policies and employer-sponsored group... Read More

JANUARY 29, 2008:  Testimony Delivered on January 29, 2008 at the New York State Insurance Department Hearing on Proposed For-Proft Conversion of HIP/GHI

 

Thank you for the opportunity to testify on the application of HIP/GHI, merged entities under the umbrella name Emblem Health, to convert to for-profit status.  New Yorkers for Accessible... Read More

FEBRUARY 19, 2008:  On Friday, February 22, 2008, from noon to 2 p.m., Mark Scherzer will be one of two attorneys conducting a continuing legal education seminar for both lawyers and lay people at the Marriott Courtyard Hotel in Saratoga Springs, New York, entitled "Appealing Health Insurance and Social Security Claims Denials:  Know Your Rights."

Mark will outline the basic rules and recommended strategies for  appealing health insurance... Read More

FEBRUARY 13, 2008:  New York State Attorney General Andrew Cuomo has launched an investigation of health insurance companies' use of "usual, customary, and reasonable" charge (commonly referred to as "UCR") provisions to improperly and fraudulently reduce the amount paid to policyholders for their medical claims.  We believe the Attorney General's investigation is timely and appropriate.  We urge policyholders with UCR disputes to contact the... Read More

JUNE 27, 2007:  The New York Court of Appeals, the state’s highest court, handed down an important opinion on June 27, 2007.  The decision, Benesowitz v. Metropolitan Life Insurance Co. (available from the Court of Appeals website, click here), will undoubtedly benefit many New Yorkers pursuing disability claims under individual disability policies and employer-sponsored (ERISA) long term... Read More