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Employee Retirement Income Security Act (ERISA) Long Term Disability Insurance

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - September 2024

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This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - August 2024

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This month’s Friday Five explores decisions from around the country discussing differences between the scope of discovery and ability to add documents to the record on a claim for review challenging the denial of LTD...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - July 2024

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This month’s Friday Five explores decisions addressing the burden of proving accidental death, policy language and “any occupation” disability, an interpleader case where the insurer was not dismissed from the case, the...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - May 2024

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This month’s Friday Five explores decisions from around the country discussing differences between LTD and LWOP policies, the breadth of discretion available to claims administrators and the always important topic of timely...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - April 2024

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This month’s Friday Five covers the treatment of job-related stress in assessing an attorney’s disability, the requirements surrounding the qualifications of a medical professional to review a claimant’s medical records in...more

Hall Benefits Law

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

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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

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - March 2024

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This month’s Friday Five covers cases relating to an alleged conflict of interest leading to discovery, two courts’ opposite treatments of subjective pain complaints, a decision that claims of fraud and misrepresentation were...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - February 2024

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This month’s Friday Five explores decisions regarding the transfer of an ERISA action that was filed in a state where an insurer did not maintain sufficient minimum contacts, an award of attorneys’ fees, costs, and...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - January 2024

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On Halloween, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a $100,000 settlement under the Health Insurance Portability and Accountability Act (HIPAA) with Doctors’...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - October 2023

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This month’s Friday Five explores recent decisions that range from the effect on disability benefits when medical records are not provided after two appeals, to a case that examines how an award of death benefits is...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - June 2023

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This month’s Friday Five covers cases relating to a plaintiff’s attempts to seal a complaint seeking disability benefits, an administrator’s uncommunicated decision to discontinue its investigation into certain medical...more

Seyfarth Shaw LLP

Ninth Circuit Clarifies De Novo Review Standard and Newly-Raised Arguments in ERISA Litigation

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Recently, the Ninth Circuit addressed and further clarified the requirement of a “full and fair review” in the context of a long-term disability benefit case under the Employee Retirement Income Security Act (ERISA). In...more

Proskauer - Employee Benefits & Executive...

Second Circuit Decision Illustrates Importance of Following Claims Procedures, and Drastic Consequences of Procedural Misstep

In McQuillin v. Hartford Life and Accident Ins. Co., 36 F.4th 416 (2d Cir. 2022), the U.S Court of Appeals for the Second Circuit restored a claimant’s action for disability benefits due to the plan administrator’s failure to...more

Jackson Lewis P.C.

Fifth Circuit: Remand to Determine Disability was Not a “Second Bite at the Apple” for Insurer

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In Newsom v. Reliance Standard Life Insurance Company, 2022 U.S. App. LEXIS 4505 (5th Cir. Feb. 18, 2022), the United States Court of Appeals for the Fifth Circuit clarified the difference between an eligibility determination...more

Jackson Lewis P.C.

Eighth Circuit: District Court Improperly Resolved Factual Disputes on Summary Judgment in ERISA Benefits Case, But Error Harmless

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In Avenoso v. Reliance Standard Life Insurance Company, No. 21-1772, 2021 U.S. App. LEXIS 35264 (8th Cir. Nov. 30, 2021), the Eighth Circuit clarified its position in a circuit split over the proper judicial procedure for...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Court Rules LTD Benefits Properly Terminated After Plaintiff Failed to Undergo Recommended Surgery for...

In Hall v. Aetna Life Ins. Co., 2021 U.S. Dist. LEXIS 117331 (N.D. Cal. June 23, 2021), a California district court held that an ERISA claim administrator properly terminated long-term disability (LTD) benefits after the...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Texas District Court Upholds Denial of LTD Benefits Because Claimant Did Not Prove Functional Limitations...

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In Calkin v. United States Life Ins. Co., 2021 U.S. Dist. LEXIS 82110 (S.D. TX., April 29, 2021), a Texas district court affirmed the insurer’s denial of LTD benefits, holding that while a claimant established diagnoses, he...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: District Court Finds Reduction in Monthly LTD Benefit Due to IRA Rollover Appropriate Under Plan Terms

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In DeBold v. Liberty Life Assur. Co. of Bos., 2021 U.S. Dist. LEXIS 120153 (D. Mass, June 28, 2021), a district court held that an ERISA plan administrator could reduce an insured's monthly long-term disability (LTD) benefit...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor – June 2021: Insurer's Likelihood to Deny Claim Does Not Excuse Claimant's Obligation to Exhaust...

In Ruderman v. Liberty Mut. Grp., Inc., 2021 U.S. Dist. LEXIS 40516 (N.D.N.Y. Mar. 4, 2021), a New York district court held that just because an insurer might have been likely to deny a claim does not excuse a claimant's...more

Hinshaw & Culbertson LLP

Court Affirms Principle that Challenges to Benefits Determination Involving Mental Illness Limitation Require Specific, Concrete...

In Gill v. Unum Life Ins. Co. of Am., 2020 U.S. Dist. LEXIS 219416 (N.D. Cal. Nov. 23, 2020), a California federal court held that an ERISA claim administrator properly limited benefits to 24 months under the plan's mental...more

Hinshaw & Culbertson LLP

California Federal Court Rules in Favor of Equitable Tolling of Benefit Plan Limitations Period

This alert was featured in the March 2021 edition of The LHD/ERISA Advisor In Poisson v. Aetna Life Ins. Co., 2020 U.S. Dist. LEXIS 177216 (C.D. Cal. Sep. 21, 2020), a California district court held that the contractual...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights – May 2021

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This month’s Friday Five covers cases relating to disputes between beneficiaries to life insurance policy proceeds, an insurer’s use of independent medical reviewers and in-house nurses to evaluate claims, the preexisting...more

Robinson+Cole ERISA Claim Defense Blog

D.N.J. Rejects Plaintiff’s Fee Request In Connection With State Court Remand Of Action Removed Under ERISA, Scaling Back Earlier...

In 2010, Chief Justice John Roberts observed that that ERISA is “an enormously complex and detailed statute.” Conkright v. Frommert, 559 U.S. 506, 509 (2010)....more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights – October 2020

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This month’s Friday Five discusses cases that explore some fundamental principles of disability benefit litigation. While players and fans return to the favorite fall pastime of football, albeit in the “new normal” under...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor - October 2020: District Court Holds Breach of Contract Claims are Time-Barred

Plaintiff Gene Myers (“Plaintiff”), a physician, made a claim for individual disability insurance (IDI) benefits under an individual disability policy arising from low back injury caused by wearing a heavy leaded gown worn...more

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