The most important factor in winning your claim for disability benefits is convincing the insurance company, plan sponsor, judge or jury that your medical symptoms make you unable to do your job. Simply stated, this is the way we help our clients win their cases at Roboostoff & Kalkin.
Whether you are beginning your claim, whether its recently been denied, or whether it’s the day of trial, this premise must be your lawyer’s primary focus. At Roboostoff & Kalkin our lawyers have spent over thirty years successfully putting this principle into practice.
We believe this principle applies not only to disability claims, but also to any situation where you have been injured or taken advantage of and are fighting with an insurance company or your employer to get the compensation you are legally entitled to.
We also believe that spending enough time with our clients to understand how their lives have been affected by their illnesses or injuries is critical to success. That is why you will speak directly with one of our attorneys whenever you call our firm.
At Roboostoff & Kalkin, we solve problems for people who are disabled, injured, or who have been taken advantage of by insurance companies. If you have problems with your insurance company or your employee benefits including short and long term disability, medical insurance, severance or pension claims, we can help you.
Located in the heart of San Francisco’s Financial District, the law firm of Roboostoff & Kalkin represents clients throughout the Bay Area, California, and the western United States.
Over the last thirty years we have developed a practical philosophy of legal advocacy that has proven effective in winning our clients’ cases. At Roboostoff & Kalkin, our San Francisco ERISA disability insurance lawyers balance aggressive representation with fiscal restraint in order to achieve the best results for our clients at a reasonable price.
While cases are initially assigned to the attorney whose expertise most closely aligns with your legal problem, our attorneys routinely collaborate to ensure that each client’s needs are being most effectively met.We Represent People, Not Corporations
At every stage of our representation, we will provide you with an honest assessment of your case.
By carefully explaining how the law relates to your case, we allow you to make informed decisions as your case progresses. Our lawyers are committed to personalized service with a focus on satisfying our clients’ needs expeditiously and efficiently.
We have extensive experience assisting clients in the following civil matters:
Many people receive disability insurance as part of their employee benefits package. Most often these benefits are governed by federal law under a special set of rules know as ERISA. Should you become disabled due to a medical condition or injury your attorney will work with your doctors and provide you with assistance during every step of the claims process. Our San Francisco ERISA disability insurance attorneys have handled hundreds of these cases and know what it takes to prove that your medical symptoms prevent you from working.Private Disability Claims
If you purchase and pay for a private disability insurance policy, you naturally expect the insurance company to provide benefits if you become disabled. An insurer may deny a claim based upon an honest disagreement over the extent of a disability or an error in a medical record. It may also deny a claim in "bad faith," where no genuine dispute exists, simply because it wishes to keep claim costs low and premium income high. Should your disability insurance company fail to live up to its promises we can provide the experienced legal representation you need to get the insurance company to honor its contractual obligations and legal duties.ERISA Health Insurance Claims
Medical insurance companies are notorious for refusing to pay claims or approve various types of medical treatment without an adequate or reasonable explanation. We have been assisting our clients with these type of problems for decades. Effectively resolving health insurance claim issues often requires that you act promptly in order to protect your rights and gather the necessary medical evidence to support your position. Whether you obtained your medical insurance through your employer or purchased it yourself, contact one of our lawyers to discuss your problem.ERISA Governed Pension Claims
Many people work for years only to discover that the pension or retirement benefits they planned on receiving have been improperly calculated or are otherwise not what they expected. If you have questions in this regard, call us. We have successfully litigated pension claims against some of the largest corporations and employers in the United States.Employee Severance Claims
If you are being terminated or laid off, your employer may offer you a severance package. Sometimes this is done in good faith. At other times your employer’s motivation may be to entice you to waive your legal rights against them in exchange for small payment of a few months wages. In either case, these agreements often require you to sign a release of your rights to pursue legal action. They often also require you to release your claims for benefits such as disability, life and medical insurance you may otherwise be entitled to.
Severance packages are negotiable and a company’s first offer to you may not be its best. If you find yourself in this situation, contact us for a review of your situation. We can advise you of your rights and protect your best interests as you proceed in entering into, negotiating, or modifying a severance agreement.Employment Law
We are experienced in protecting the rights of clients facing injustices in the workplace. If you have suffered discrimination in the workplace, sexual harassment, wrongful termination, are facing a wage and hour dispute, or an employee benefits claim denial, we can help you.Insurance Bad Faith
Insurance claims adjusters are often overly aggressive and difficult to deal with. Sometimes this results in the denial of a claim for reasons that seem unfair or flat out wrong. This type of conduct is known as “insurance bad faith” and the law provides numerous remedies to level the playing field for consumers. The lawyers at Roboostoff & Kalkin have been representing individuals involved in insurance disputes for over thirty years. Our primary goal is to gather the necessary evidence and present it to the insurance company, judge or jury so as to get you the money you are due under a life, AD&D, auto, health, or homeowner's insurance policy.Personal Injury
If you have suffered the wrongful death of a loved one, or have been injured in a car accident, motorcycle accident, bicycle accident, assault and battery, dog bite, pedestrian accident, or slip and fall, our extensive experience in these matters enables us to maximize your monetary recovery for your particular loss or injury. We will work diligently to prove who is at fault for your injury, work with your doctors to insure that your injuries are well documented, and make sure you are properly compensated for your property damage, medical bills, wage loss, and pain and suffering.Civil Appeals
If you have lost a case involving employment, personal injury, an insurance dispute, malpractice, or other civil claim, we can effectively prosecute your appeal. We are committed to providing our clients with aggressive representation on appeal where an error was made by an attorney, judge or jury at the trial level. The lawyers at Roboostoff & Kalkin have handled over one hundred cases in the California and Federal courts of appeal.
Many firms now handle ERISA and disability matters. However, our firm is not only one of the leaders in this type of practice, it is also one of the first in the area to concentrate in these types of cases. As a result, we have earned an extremely favorable reputation throughout the legal and local communities.
Our attorneys have over 50 years of combined legal experience provide and exceptional representation tailored to your specific needs.
When you are represented by Roboostoff & Kalkin, you will work closely with experienced attorneys on your legal matters, not paralegals, assistants or other staff. We strive to ensure that you understand the claims process by promptly answering any questions you may have.
In June 2007, a nurse employed by Kaiser Hospital developed chronic fatigue syndrome and filed a claim for long term disability benefits with Metropolitan Life Insurance Company. MetLife paid the claim and he was eventually able to return to work.
When the employee's symptoms worsened several years later, a second claim was made and paid by MetLife. Eventually he was, again, able to return to work, albeit at a less physically demanding position.
When his chronic fatigue symptoms worsened for a third time, MetLife denied the claim alleging there was no evidence of "restrictions and limitations" which would prevent our client from preforming his "sedentary job" as an advice nurse.
In January of 2016, we filed a lawsuit against MetLife in the United States District Court in San Francisco for its refusal to pay benefits. This ultimately resulted in the court awarding our client his long term disability benefits.
In June 2003, a bank operations manager for Citibank, filed a claim for long term disability benefits under Citibank's disability plan because she had developed debilitating headaches after brain surgery and was unable to perform the essential functions of her occupation as a bank operations manager. The plan was administered and funded by MetLife Insurance Company. MetLife denied her claim alleging she was not entitled to receive benefits under the plan. The employee retained our firm to represent her against MetLife. In February 2005, we filed a lawsuit against MetLife in the United States District Court for its refusal to pay our clients benefits under the plan. In November 2005, shortly before the case was to go to trial, we were able to negotiate a favorable settlement with MetLife on behalf of our client.
Rose Ellen, age 63, had been a computer programmer for 36 years. In 1986, when Rose Ellen was 45, she purchased a disability policy from Monarch Insurance Company because she wanted to have financial protection if she ever became disabled and could not work. In 2003, Rose Ellen filed a LTD disability claim with Monarch because she could no longer work due to myofascial pain syndrome, degenerative disc disease, and bulging discs in her neck. After paying on the claim for a few months, Monarch refused to pay any further benefits claiming Rose Ellen was not disabled. She retained our firm to represent her against Monarch. In September 2004, we filed a lawsuit against Monarch in the United States District Court for its bad faith refusal to pay Rose Ellen benefits under the policy. In August 2005, shortly before the case was to go to trial, we were able to negotiate a favorable settlement with Monarch on behalf of Rose Ellen.
A software engineer for Visa filed a LTD disability claim under Visa's disability plan which was administered and funded by MetLife Insurance Company. He had developed cancer which required several surgeries. During surgery he went into a coma. As a result of the coma he developed diminished vision in both eyes which made it impossible for him to continue doing his work as a software engineer. Although MetLife initially approved our client's claim, it later denied it claiming that our client was no longer disabled. Our client retained our firm to represent him against MetLife. Prior to filing a lawsuit, we appealed MetLife's decision denying our client's claim and were able to convince MetLife to pay our client benefits under the plan.
In February 1999, a medical technician of 32 years filed a long term disability claim under her employer's disability plan because she was unable to do her job due to severe carpal tunnel syndrome. The plan was administered and funded by Life Insurance Company of North America ("LINA"). After LINA denied her claim for benefits under the plan, she hired our firm to represent her. In July 2000, we filed a lawsuit against LINA in the United States District Court for its refusal to pay our client benefits under the plan. In February 2002, shortly before the case was to go to trial, we were able to negotiate a favorable settlement with LINA on behalf of our client.
In July 1997, an equipment materials manager for the California Department of Transportation, filed a long term disability claim under her employer's disability plan because she had developed disabling symptoms as a result of chronic fatigue syndrome and fibromyalgia. The plan was administered and funded by MetLife Insurance Company. After MetLife denied her claim for benefits under the plan, she hired our firm to represent her against MetLife. In April 2000, we filed a lawsuit against MetLife in the United States District Court for its refusal to pay our client's benefits under the plan. In September 2001, shortly before the case was to go to trial, we were able to negotiate a favorable settlement with MetLife on behalf of our client.
Harold, age 55, had worked for Lockheed Martin Corporation since 1971. In 2001, Harold filed for early retirement under the Lockheed Pension Plan. A dispute developed between Harold and Lockheed regarding the correct amount of monthly pension benefits Harold was entitled to receive under the Plan. Harold claimed that he was entitled to receive $2,725.00 each month, while Lockheed claimed that he was only entitled to receive $2,035.00 each month. When the Plan refused to pay Harold the correct amount, he retained us to represent him. In July 2004, we filed a lawsuit against Lockheed in the United States District Court claiming that Lockheed was paying Harold less than he was entitled to receive under the Plan. In November 2005, the Federal trial judge agreed with our position and decreed that Harold was entitled to receive monthly pension benefits in the amount of $2,725.00.
In October 2004, a San Francisco school teacher since 1967, filed a short term disability claim with Sun Life Assurance Company of Canada because he had developed chronic disabling migraines. Sun Life administered and funded the disability plan under which the school teacher was covered. Sun Life denied his claim alleging he was not disabled. He retained our firm to represent him against Sun Life. Prior to filing a lawsuit, we appealed Sun Life's decision denying his claim and were able to convince Sun Life to pay our client's benefits under the plan.
San Francisco ERISA Disability Insurance Lawyer | Silicon Valley, California Disability Attorney | Roboostoff & Kalkin
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