Latest Blog Posts
ERISA Watch – Disability Plan Cannot Offset Direct Rollover Funds Against Long Term Disability Benefits
This week’s notable decision is a good one on those pesky “other income” offsets common in long term disability policies. In Thomason v. Metropolitan Life Insurance Company, No. 16-10634, __F.App’x__,…
Multiple Sclerosis and Your Long Term Disability Insurance Claim
As some of our Bay Area ERISA clients have experienced, multiple sclerosis (MS) can be a severely incapacitating condition. The Mayo Clinic describes MS as a potentially disabling disease of…
ERISA Watch – ERISA Section 305(e) Does Not Apply Before Critical Status Certification
Last week was a busy week for ERISA decisions. This week’s first notable decision is Lehman v. Nelson, et al., No. 15-35414, __F.3d__, 2017 WL 2989916 (9th Cir. July 14,…
ERISA Watch – Class-Wide Equitable Relief May Be Awarded Absent Individualized Proof of Detrimental Reliance
This week’s notable decision is a good one on the current state of ERISA remedies. In Osberg v. Foot Locker, Inc., Foot Locker Retirement Plan, No. 15-3602-CV, __F.3d__, 2017 WL…
ERISA Watch – Court of Appeals Affirms Victory for Long Term Disability Claimant Even Though the District Court Did Not Make a Finding of Disability
This week’s notable decision is a win for the long term disability claimant in Marcin v. Reliance Standard Life Insurance Company and Mitre Corporation Long Term Disability Insurance Program, No.…
ERISA Watch – New York Law Prohibits Insurance Company from Offsetting Personal Injury Settlement Against Long Term Disability Benefits
This week’s notable decision, Arnone v. Aetna Life Insurance Company, No. 15-2322, __F.3d__, 2017 WL 2675293 (2d Cir. June 22, 2017), is a great one regarding those pesky “offsets” common…
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