08 Aug 2017

ERISA Watch – Firm Victory Against Liberty Life for “Moving the Target” in Disability Claim

This week’s notable decision is from a case handled by my partner, Michael, and our co-counsel, Adam Garner, Suson v. The PNC Financial Services Group, Inc. And Affiliates Long Term…

24 Jul 2017

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__,…

20 Jul 2017

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…

17 Jul 2017

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,…

10 Jul 2017

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…

03 Jul 2017

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.…