Latest Blog Posts
ERISA Watch – Court Applies California’s Ban on Discretion to Self-Funded Disability Plan
Hello, ERISA Watchers! This was an exciting week on the topic of state bans on discretionary clauses. Two recent decisions applied the protection afforded by California Insurance Code Section 10110.6…
Long Term Disability Policy Exclusions
Roughly 25% of the San Francisco Bay Area workforce will experience some kind of disabling illness or injury, but most of these employees will not know the terms of their employer-provided…
ERISA Watch – Seventh Circuit Rules that Pension Fund Can Exclude Certain Compensation In Calculation of Pension Benefits.
This week’s notable decision is Rabinak v. United Bhd. of Carpenters Pension Fund, No. 15-1717, 2016 WL 4248377 (7th Cir. Aug. 10, 2016). The Seventh Circuit Court of Appeals affirmed…
Refusing to Attend an Independent Medical Examination Could Result In a Termination of Long Term Disability Benefits.
Many of our clients in San Francisco, San Jose, and all over the East Bay with ERISA-governed long term disability policies ask their attorney whether they must comply with an insurance company’s request…
ERISA Watch – Lawsuit Challenging Calculation of Long Term Disability Benefits Is Time-Barred.
This week’s notable decision is the plaintiff-unfriendly decision in Haase v. Metropolitan Life Insurance Company, No. CV 15-2864, 2016 WL 4076418 (E.D. Pa. Aug. 1, 2016). Haase is a long…
Can The Lack Of A Diagnosis Prevent You From Receiving Long Term Disability Benefits?
Our Bay Area clients often ask us whether they need a definitive diagnosis in order to receive long term disability benefits under their employer’s ERISA-governed group disability plan. For some,…
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