News & Analysis as of

Disability Insurance

Ward and Smith, P.A.

Lessons Learned: Wisdom from Professional Licensing Attorneys

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Having been in the company of literally thousands of physicians, dentists, psychologists, nurses, and just about every other kind of health professional as they undergo investigations, reviews, and prosecutions of their...more

Harris Beach PLLC

Past Relevant Work Requirements Revised in Disability Evaluations

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The U.S. Social Security Administration is simplifying the disability evaluation it uses for its Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs. The agency will now review...more

Hall Benefits Law

Employer Involvement Rendered Disability Insurance Plan Subject to ERISA, Despite Lack of Intent

Hall Benefits Law on

In Steigleman v. Symetra Life Ins. Co., 2023 WL 7413668 (D. Ariz. 2023), a court considered whether a package of various welfare benefit insurance policies an individual business owner arranged for herself and her employees...more

Carlton Fields

Ringmaster’s Review: Fall 2023 Litigation on Parade

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In Ross v. Venerable Insurance & Annuity Co., a Missouri appellate court reversed judgment in favor of the named beneficiary of a flexible premium deferred annuity contract. Following the annuitant’s death, the beneficiary...more

Kaufman & Canoles

Federal Cooperative Disability Investigations Program Establishes New Unit in North Carolina

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The North Carolina Department of Insurance recently announced that a new investigative unit formed as part of the Cooperative Disability Investigations (CDI) Program will be located in Raleigh, North Carolina, with the goal...more

Woodruff Sawyer

California SDI: What Upcoming Changes Mean for Employers and Employees

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More changes are coming up for California’s State Disability Insurance (SDI) program, which includes Paid Family Leave (PFL) benefits. This article offers an overview of those changes to help you understand how they affect...more

Jackson Lewis P.C.

New Bi-Partisan Draft Legislation on Name, Image and Likeness: The College Athletes Protection & Compensation Act

Jackson Lewis P.C. on

An uncommon combination of three U.S. Senators, Sens. Richard Blumenthal (D-Conn), Jerry Moran (R-Kan.) and Cory Booker (D-NJ), collaborated to draft “The College Athletes Protection & Compensation Act” (the Act), which is...more

Littler

Seventh Circuit Case Confirms that “Full and Fair Review” of Disability Claims Requires Disclosure of New Evidence Before Denying...

Littler on

A recent federal appeals court case clarifies that, under ERISA, the regulations governing disability plans’ claims review procedures apply to claims that predate the 2018 changes to the regulations. The decision also serves...more

Jackson Lewis P.C.

Updated Rates for California EDD Benefits and San Francisco Paid Parental Leave Ordinance for 2023

Jackson Lewis P.C. on

The California Employment Development Department (EDD) has released the Voluntary Plan Employee Contribution and Benefit Rates for 2023. Employers with employees located in California are generally required to withhold and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Benefits of Sabbaticals: Attracting and Retaining Employees

The latest idea for attracting and retaining employees in this post-COVID-19–pandemic era of the Great Resignation and “quiet quitting” is one that was usually limited to professors in higher education: the sabbatical. ...more

Fox Rothschild LLP

The Taxman Cometh: How to Handle an EDD Audit [Click Here if You Received an “Inquiry Regarding Records,” a “Preaudit...

Fox Rothschild LLP on

The EDD is aggressively pursuing unemployment tax audits aimed at evaluating potential independent contractor misclassification. Presumably due to the overwhelming financial burden the pandemic imposed, the EDD is pursuing...more

Jackson Lewis P.C.

Wrap Up of California’s 2022 Legislative Session – What Employers Need to Know

Jackson Lewis P.C. on

California’s 2022 legislative session ended with numerous bills affecting employers and employment practices and procedures in the Golden State. Governor Gavin Newsom signed more than 30 of those bills into law, including...more

Jackson Lewis P.C.

California Revises Formula for Paid Family Leave and State Disability Insurance Benefits to Assist Lower Wage Earners

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After vetoing a similar bill last year, on September 30, 2022, California Governor Newsom signed Senate Bill (SB) 951, which increases wage replacement rates for lower wage earners under the state Paid Family Leave program...more

Robinson+Cole ERISA Claim Defense Blog

U.S. Supreme Court Denies Review Of Significant Second Circuit Ruling On The Scope Of California’s Anti-Discretion Statute And The...

The U.S. Supreme Court recently declined to review a significant decision of the Second Circuit which (1) clarified the scope of California’s statutory ban on discretionary clauses in life and disability insurance contracts,...more

Jackson Lewis P.C.

Updated Rates for California EDD Benefits and San Francisco Paid Family Leave Ordinance

Jackson Lewis P.C. on

The California Employment Development Department (EDD) has released the Voluntary Plan Employee Contribution and Benefit Rates for 2022. Employers with employees located in California are generally required to withhold...more

Foley & Lardner LLP

New California Law Requires Health Plans and Insurers to Cover COVID-19 Screening Tests and Preventative Treatments with No Cost...

Foley & Lardner LLP on

On October 8th, 2021, the Governor of California, Gavin Newsom, signed into law Senate Bill No. 510, which requires health care service plan contracts and disability insurance policies that provide coverage for hospital,...more

Faegre Drinker Biddle & Reath LLP

Second Time’s the Charm: Court Dismisses (Again) Putative Disability Insurance Class Action

For a second time, the United States District Court for the Southern District of New York dismissed a putative class action alleging insurance companies sold them disability policies that were void under New York law. ...more

Roetzel & Andress

Financial Planning and Contract Negotiation for Female Physicians

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When negotiating their contracts, female physicians often have different priorities, along with a different negotiating style, than their male counterparts. In this episode, host Ericka Adler, Roetzel shareholder and Health...more

Farella Braun + Martel LLP

Employment Law Issues to Consider Before Including Work Made for Hire Clauses in Contractor Agreements

For most employers, it is important to own the intellectual property rights in written and/or graphic work commissioned from independent contractors. But including a Work Made for Hire Clause (“WMFH Clause”) in an...more

Carlton Fields

Florida Federal Court Denies Policyholder’s Motion to Compel Discovery of Reinsurance Agreements Relating to Disability Insurance...

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An insured filed suit in a Florida district court for breach of contract and breach of fiduciary duty in connection with the defendant-carriers’ handling of claims made under the insured’s disability insurance policies....more

Jackson Lewis P.C.

New Year, New Rates For CA EDD Benefits and Under The San Francisco Paid Family Leave Ordinance

Jackson Lewis P.C. on

The California Employment Development Department (EDD) has released the Voluntary Plan Employee Contribution and Benefit Rates for 2021. Employers are required to withhold and send state disability contributions to the...more

Genova Burns LLC

How to Comply with ERISA’s Prohibited Transactions Requirements For Group Benefit Plans

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The Employee Retirement Income Security Act of 1974 (“ERISA”), the principal federal law which regulates the benefit plans marketed to employers in this country, imposes specific requirements on most employer-sponsored...more

Manatt, Phelps & Phillips, LLP

CA Approves New Parity Law Expanding Coverage Obligations for Mental Health and SUD Treatment

On September 25, 2020, Governor Newsom signed Senate Bill 855 into law. SB 855 fundamentally alters California’s regulation of mental health and substance use disorder (MH/SUD) treatment, and it applies to all California...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Ninth Circuit Rules Coverage under ERISA Disability Plan Excluded Due to Underlying Medical Condition

In Estate of Maurice v. Life Ins. Co. of N. Am., 792 Fed. Appx. 499 (9th Cir. Cal. Feb. 5, 2020), the Ninth Circuit held that coverage was excluded under an ERISA-governed disability plan ("Plan"), because the evidence in the...more

Lewitt Hackman

What Documents Can I Destroy While Sheltering at Home?

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The following are intended to be helpful tips to assist you in clearing some clutter while we have some time at home....more

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