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Questions Answered by Damon Miller
2 Answers | Asked in Medical Malpractice and Personal Injury for Utah on
Q: My brother committed suicide by shooting himself. Can his widow get life insurance?

My brother had 2 difficult rounds of chemo after a cancer diagnosis. Alongside rigorous cancer treatment, he was prescribed Xanax. Some studies have shown there to be links between suicidal thoughts as a side effect of Xanax. Could a case be made that his prescription and use of Xanax could’ve... View More

Damon Miller
Damon Miller
answered on Apr 1, 2023

I'm so sorry for the loss of your brother.

For your sister-in-law to be eligible for life insurance benefits there are a couple things you'd need to know. First, do you know if your brother had a life insurance policy? For his widow to receive life insurance benefits, there would...
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2 Answers | Asked in Insurance Bad Faith for Utah on
Q: Can an auto loan disability insurance company push for me to go to voc rehab after my employer deemed me fully disabled?

18 months ago I was diagnosed with epilepsy and could no longer work for my employer due to their company policy, (can't be on the meds and must be seizure free for 10 years, I'll be on the meds for the rest of my life) they have finally determined I am fully disabled and I am receiving... View More

Damon Miller
Damon Miller
answered on Mar 16, 2023

Hello,

I would recommend taking a look at your insurance policy. The policy will define what the insurance company is permitted to do. Generally speaking, most disability insurance policies do permit the insurer to ask you to cooperate with vocational rehabilitation, even if you don't...
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1 Answer | Asked in Insurance Bad Faith for Colorado on
Q: 1 month old child had an air ambulance flight, insurance is denying the claim, can I pursue for coverage?

1 month old child experiencing breathing abnormalities and oxygen desaturation was flown from small mountain town hospital to major children's hospital for more acute care. Doctors at both hospitals gave order of medical necessity for flight, arguing other transport is not an option(3+ hr... View More

Damon Miller
Damon Miller
answered on Feb 28, 2023

First off, I hope to hear that your child is doing better after such a terrible and alarming medical scare. I can't imagine what you must have been through.

To your legal question, I think you might have a good case. A lot will depend on the language of your insurance policy and the...
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2 Answers | Asked in Insurance Bad Faith and Employment Law for Texas on
Q: After denial, Sedgwick isn’t responding to written reqs for Copies of Claim Files OR the STD Policy, what can I do?

Fortune 100 employer, ERISA policy. Sent written requests to Sedgwick 3x, 1st was 11/22. Will not return my calls. Employer states Sedgwick provides copy of policy/Summary Plan. Sedgwick advised STD policy exhausted from previous unrelated LOA; apply for LTD via Lincoln. Without policy & files,... View More

Damon Miller
Damon Miller
answered on Dec 28, 2022

Under ERISA, the plan administrator (usually your employer) is required to provide plan documents to you within 30 days of your request. With both your employer and the insurance company refusing to provide you anything, you may need to get an attorney involved. Feel free to contact my office and... View More

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2 Answers | Asked in Employment Law for Pennsylvania on
Q: If i am diagnosed with a disability while working, am i covered by ada, and can i request reasonable accommodations

Private nonprofit. Asked for accommodation and was denied. Live in Pennsylvania

Damon Miller
Damon Miller
answered on Nov 18, 2022

What is a reasonable accommodation depends a lot on the facts (like what type of disability you have and what kind of accommodation you're requesting). If you can do you job but just need an accommodation, then I would recommend talking to an employment lawyer in your area. If you think you... View More

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1 Answer | Asked in Employment Law for Texas on
Q: I'm currently employed, but on short term disability. Can I work for another company as long as the work is not related?
Damon Miller
Damon Miller
answered on Nov 18, 2022

Hello! Thanks for your question. Disability policies (short-term included) can vary a lot in how they define what it means to be "disabled." I would recommend taking a look at your employer's group Short-Term Disability policy and seeing how it defines "Disability." That in... View More

1 Answer | Asked in Employment Law for Georgia on
Q: salaried member of management told our staff we weren’t allowed to discuss pay, if caught we could be in trouble

Work in State of Georgia at Walmart

Damon Miller
Damon Miller
answered on Nov 15, 2022

The National Labor Relations Act (NLRA) protects the right of employees to discuss wages with one another. See the following:... View More

1 Answer | Asked in Insurance Bad Faith for Mississippi on
Q: My house has flooded I have insurance , the insurance company refuse to pay enough to repair my house .what can I do
Damon Miller
Damon Miller
answered on Nov 15, 2022

The first thing you should do is look at the denial letter and determine why the insurance company has decided to deny your claim. Then, you should talk to an attorney about whether or not it makes sense to appeal the insurance company's denial. Most of the time, an insurance company will... View More

1 Answer | Asked in Personal Injury, Business Law, Health Care Law and Public Benefits for Mississippi on
Q: What kind of lawyer would i use for intercompany short term disability plan denial, admistrated third party sedgwick.

In 2022 I suffered a sudden onset of anxiety and depression after a bout with corona virus. With no known cause I began to go to doctors to try and seek out reason. After an MRI to evaluate my pituitary gland it was discovered that I had suffered at least two ischemic attacks(strokes) of the... View More

Damon Miller
Damon Miller
answered on Jan 2, 2023

Hello!

For your issue, it sounds like you would need to talk to someone like me who specializes in ERISA short-term and long-term disability claims. If I gather correctly, it sounds like your issue is that Sedgwick has denied the claim because the disability policy does not cover loss of...
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6 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: What type of lawyer would handle disputes with insurance companies over car accident involving a fatality?
Damon Miller
Damon Miller
answered on Nov 15, 2022

You should talk to a personal injury attorney in California. If you go to the "find a lawyer" section of Justia, you should be able to find someone in your area.

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