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Use 'Honest Suspicion' Defense With Caution

Law360 (October 29, 2008, 12:00 AM EDT) -- When asked recently about the discovery that over 90 percent of Long Island Rail Road retirees are receiving disability insurance payments, New York Senator Charles E. Schumer replied, “We all know something is rotten in Denmark.”

Senator Schumer was not alone – many were shocked by The New York Times report that in one year, 97 percent of LIRR retirees applied for, and received, disability benefits. To add insult to injury, the Times located some of these disabled retirees, each of whom was certified as disabled...
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