How Do I Protect My ERISA Disability Claim During the Transition from Own Occupation to Any Occupation?
How Do I Protect My ERISA Disability Claim During the Transition from Own Occupation to Any Occupation?
Summary Answer Most group LTD policies shift from an "own occupation" standard to an "any occupation" standard after 24 months, and insurers conduct an intensive review at this transition. Read…
When Disability Benefits and Disability Rights Collide: What ERISA Claimants Need to Know About the ADA
If you are receiving long-term disability (LTD) benefits through your employer's benefit plan, or if you have applied for those benefits after your employer refused to accommodate your disability, you…
Intent to Appeal Is Not an Appeal: S.D. Texas Grants Summary Judgment for Prudential on Exhaustion Grounds
In Ellis-Young v. The Prudential Insurance Company of America, No. H-26-321, 2026 WL 1075158 (S.D. Tex. Apr. 21, 2026), Senior United States District Judge Lee H. Rosenthal granted summary judgment…
Ninth Circuit Affirms Denial of Long-Term Disability Benefits Where Independent Medical Review Process Diminished Weight of Structural Conflict of Interest
In Wallace v. Hartford Life and Accident Insurance Company, No. 25-2716, 2026 WL 1046667 (9th Cir. Apr. 17, 2026), a memorandum disposition, the Ninth Circuit affirmed the district court’s summary…
Eleventh Circuit Affirms Termination of Long-Term Disability Benefits Where Claimant Failed to Provide Objective Medical Evidence of Continued Inability to Lift Fifty Pounds
In Dunham-Zemberi v. Lincoln Life Assurance Company of Boston, No. 22-13316, Not Reported in Fed. Rptr., 2026 WL 1031851 (11th Cir. Apr. 16, 2026), the Eleventh affirmed Lincoln Life Assurance…
How Do I Transition My ERISA Disability Claim from Short-Term to Long-Term Disability?
How Do I Transition My ERISA Disability Claim from Short-Term to Long-Term Disability? Summary Answer ▸ STD approval does not guarantee LTD approval — the two plans often have different…
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