Ninth Circuit: In De Novo Review of ERISA Benefit Decision, District Court Clearly Errs by Adopting Newly Presented Rationale
Ninth Circuit: In De Novo Review of ERISA Benefit Decision, District Court Clearly Errs by Adopting Newly Presented Rationale
In Collier v. Lincoln Life Assurance Company of Boston, No. 21-55465, __F.4th__, 2022 WL 17087828 (9th Cir. Nov. 21, 2022), a dispute involving a denial of long-term disability (“LTD”) benefits…
California District Court Finds Cardiac Patient Disabled and Awards ERISA Long Term Disability Benefits for a Limited Time, Declines to Consider New Evidence
In Cameron v. Sun Life Assurance Company of Canada, 2:21-cv-02092 JLS (AFM) (C.D. Cal. Nov. 2, 2022), California Central District Judge Josephine L. Stanton determined on de novo review that…
Sixth Circuit Finds Denial of Long-Term Disability Benefits Supported by Lack of Objective Medical Evidence
In Eberle v. Am. Elec. Power Sys. Long-Term Disability Plan, No. 21-4224, 2022 WL 5434559 (6th Cir. Oct. 7, 2022), Plaintiff Diane Eberle filed an appeal challenging the district court’s…
Tenth Circuit Finds Termination of Long-Term Disability Benefits Justified by Surveillance of Activities
Gielissen v. Reliance Standard Life Insurance Company, et al., No. 21-1377, 2022 WL 5303482 (10th Cir. Oct. 7, 2022) highlights the impact that surveillance may have on long-term disability benefit…
Bad Week for Long-Term Disability Claimants in the Federal District Courts
This past week, claimants with long-term disability (“LTD”) claims governed by ERISA have not fared well in the district courts. One district court decided a long-term disability insurance dispute in…
Ninth Circuit Reverses Hartford Win and Requires District Court to Consider New Evidence in Long-Term Disability Dispute
In Kay v. Hartford Life and Accident Insurance Company, No. 21-55463, 2022 WL 4363444 (9th Cir. Sept. 21, 2022) (9th Cir. Sept. 21, 2022), a short unpublished memorandum opinion, the…
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