Latest Blog Posts
ERISA Watch – Fifth Circuit Holds That Statutory Right to “Proper Plan Management” Under ERISA Does Not Confer Article III Standing
Happy Tuesday! This week’s notable decision is Lee v. Verizon Commc’ns, Inc., No. 14-10553, __F.3d__, 2016 WL 4926159 (5th Cir. Sept. 15, 2016). Lee involves a certified class action of…
The Sky’s the Limit, But Not in Your Long Term Disability Policy
Many of our San Francisco Bay Area long term disability clients sought an attorney’s advice about the limitations in their employer-provided disability plan. Most of them had not even reviewed…
ERISA Watch – Sixth Circuit Adopts “But-For” Interpretation of Mental Illness Limitation In Long Term Disability Plan
It’s always a joy when the notable decision is a win for disability claimants. In Okuno v. Reliance Standard Life Ins. Co., No. 15-4043, __F.3d__, 2016 WL 4655741 (6th Cir.…
An Insurer Cannot Delay In Deciding Your Long Term Disability Appeal
No matter where you live, if you have a long term disability policy covered by the Employee Retirement Income Security Act of 1974 ("ERISA"), your claim for benefits is governed by…
Bay Area ERISA Disability Attorneys: Beware of Choice of Law Provisions
After spending many years representing Bay Area claimants in ERISA disability benefit claims, I have seen it all. I have seen insurance companies deny truly meritorious claims for no good…
ERISA Watch – Group Health Plan’s New York Choice-of-Law Provision Trumps California Law
Unfortunately, this week’s notable decision is a loss for California’s ban on discretionary clauses. In Bain v. United Healthcare Inc., No. 15-CV-03305-EMC, 2016 WL 4529495 (N.D. Cal. Aug. 30, 2016),…
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