Latest Blog Posts
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),…
Is The Independent Physician Consultant Evaluating Your Long Term Disability Claim Truly Neutral?
What might not be obvious to the average San Francisco Bay Area consumer is a daily bane to most experienced ERISA long term disability attorneys: "Independent" Physician Consultants (IPCs) hired…
ERISA Watch – In Long Term Disability Case, Independent Physician Consultants’ Financial Conflict Is Imputed to MetLife
I am delighted to report that this week’s notable decision is one of our own, Demer v. IBM Corporation LTD Plan, No. 13-17196, __F.3d__, 2016 WL 4488006 (9th Cir. Aug.…
Do You Know About Your ERISA Life Insurance Exclusions?
The California Bay Area workforce is booming and employers are competing with each other to attract the best pool of candidates. Many employers offer prospects generous employee benefits, including long…
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