Plan Arbitrarily Discounted Subjective Evidence, 2nd Circuit Rules

NEW YORK - A disability plan administrator acted arbitrarily and capriciously by relying on the lack of objective evidence of tinnitus to deny an attorney's claim under the Employee Retirement Income Security Act, the Second Circuit U.S. Court of Appeals ruled June 26 (Ralph Miles v. Principal Life Insurance Company, et al., No. 12-152, 2nd Cir.; 2013 U.S. App. LEXIS 13065).
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - Category: Medical Law Source Type: news

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Conclusions: The study results do not confirm clinical and anecdotal reports that tinnitus could be related to suicide among Veterans. However, tenets from rehabilitation psychology suggest that the onset of chronic impairment or disability does not predict an individual’s subsequent psychological states; other personal attributes may be more influential. Health care professionals, such as audiologists and psychologists, should be cognizant of the associations between tinnitus and mental health issues and be prepared to address the psychological needs of individuals who have tinnitus.
Source: Ear and Hearing - Category: Audiology Tags: Research Articles Source Type: research
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Source: International Journal of Audiology - Category: Audiology Authors: Source Type: research
NEW YORK - A New York federal judge on Aug. 30 determined that the termination of a disability claimant's long-term disability (LTD) benefits was not arbitrary and capricious because the evidence supports the plan's finding that the claimant's hearing loss and tinnitus did not prevent the claimant from performing the duties of her own occupation (Susan Shahgholi v. Aetna Inc. Long Term Disability Benefits Plan, No. 17-963, S.D. N.Y., 2018 U.S. Dist. LEXIS 148400).
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - Category: Medical Law Source Type: news
Authors: Esquivel CR, Parker M, Curtis K, Merkley A, Littlefield P, Conley G, Wise S, Feldt B, Henselman L, Stockinger Z Abstract Hearing is a critical sense to military performance. The ability to detect, identify, and localize sounds, the ability to maintain spatial awareness on the battlefield and the awareness to control one's own noise production can be vital to troop's stealth, survivability, and lethality. Hazardous noise is an environmental public health threat encountered in training at war, and in many off-duty activities. The risk to hearing and the resultant damage from any of these hazardous exposures ...
Source: Military Medicine - Category: International Medicine & Public Health Tags: Mil Med Source Type: research
With a global incidence estimated to be about 106 per 100,000 population, TBI is a leading cause of trauma-related disability 15. In the US more than 1.7 million injuries occur per year resulting in 250,000 hospitalizations and 52,000 deaths 9. The majority (75-80%) of all TBI cases are, however, mild and are accompanied by the rapid resolution of the immediate symptoms including disorientation, dizziness, tinnitus, nausea and balance problems 24. The incidence of TBI is higher overall in males than females, and is particularly common in the very young, adolescents and elderly 3.
Source: The Journal of Pain - Category: Materials Science Authors: Tags: Original Reports Source Type: research
Conclusion EGb 761® and pentoxifylline were similarly effective in reducing the loudness and annoyance of tinnitus as well as overall suffering of the patients. The incidence of adverse events was lower in the EGb 761® group.
Source: International Journal of Clinical Pharmacy - Category: Drugs & Pharmacology Source Type: research
Conclusions: Guided (using audiological support) iCBT for tinnitus resulted in statistically significant reductions in tinnitus distress and comorbidities (insomnia, depression, hyperacusis, cognitive failures) and a significant increase in quality of life. These effects remained stable at 2-months postintervention. Further trials to determine the longer term efficacy of iCBT to investigate predictors of outcome and to compare iCBT with standard clinical care in the United Kingdom are required. Registered at clinicaltrials.gov: NCT02370810 on 5/03/2015.
Source: Ear and Hearing - Category: Audiology Tags: Randomized Control Trial Source Type: research
OBJECTIVES: The purpose of this project was to investigate whether there is an association between tinnitus diagnosis and suicide and whether depression and anxiety strengthen that association. Given that tinnitus is the top service-connected disability am...
Source: SafetyLit - Category: International Medicine & Public Health Tags: Burns, Electricity, Explosions, Fire, Scalds Source Type: news
This study used information from the VETSNET file, which is a snapshot of selected items from the Veterans Benefits Administration corporate database. We also used the National Death Index (NDI) for Veterans which is part of the VA Suicide Data Repository. In VETSNET, there were 758,324 Veterans who had a service-connected condition and died between the years 2004 and 2014. Using the scrambled social security number to link the two files resulted in 605,493 (80%) deceased Veterans. Age at death, sex, and underlying cause of death were obtained from the NDI for Veterans and military service characteristics and types of disa...
Source: Military Medicine - Category: International Medicine & Public Health Tags: Mil Med Source Type: research
CONCLUSIONS: The intent of this framework is to help guide audiologists managing tinnitus. The framework has been useful in our clinic as illustrated by a case study. The benefits of this approach relative to standard care needs to be independently ascertained. Implications for Rehabilitation Tinnitus is a common oto-neurological complaint that when severe can be very disabling. Tinnitus is very heterogeneous as a consequence of this no one treatment is suitable for everyone. The sound therapy and aural rehabilitation for tinnitus framework is designed to assist audiologists in clinical planning that addresses individual n...
Source: Disability and Rehabilitation - Category: Rehabilitation Authors: Tags: Disabil Rehabil Source Type: research
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