Form Over Substance: District Court Decision Highlights the Importance of Attending Physician Statements in Long-Term Disability Claims Governed by ERISA
Form Over Substance: District Court Decision Highlights the Importance of Attending Physician Statements in Long-Term Disability Claims Governed by ERISA
Kay v. Hartford Life and Accident Insurance Company, No. 19-CV-209-MMA (AHG), 2021 WL 1378742 (S.D. Cal. Apr. 12, 2021) involves a lawsuit for ERISA-governed long-term disability (“LTD”) benefits brought by…
Eighth Circuit Affirms Award of Disability Benefits to Nurse Anesthetist Addicted to Fentanyl
In this dispute over ERISA-governed short- and long-term disability insurance benefits, Bernard v. Kansas City Life Ins. Co., No. 20-1593, 2021 WL 1244403 (8th Cir. Apr. 5, 2021), the Eighth…
Ninth Circuit Reaffirms: Ability to Sit for Four Hours a Day Means a Claimant Can Perform “Any Occupation” Under Disability Policy
In this short unpublished opinion, McCool v. Life Insurance Company of North America, No. 18-56529, __F.App’x__, 2021 WL 1235842 (9th Cir. Apr. 2, 2021), the Ninth Circuit affirmed the district…
Eighth Circuit Holds Arkansas Law Banning Discretionary Clauses Does Not Apply to Disability Insurance Policy Renewed Prior to Law’s Effective Date
In Roebuck v. USAble Life, No. 19-1855, __F.3d__, 2021 WL 1216217 (8th Cir. Apr. 1, 2021), Plaintiff-Appellant Karen Roebuck appealed the district court’s order holding that USAble Life did not…
Ninth Circuit Finds Claim for Occupational Disability Pension Benefits Constructively Denied for Plan’s Failure to Comply with ERISA’s Time Limits
Hoffman v. Screen Actors Guild-Producers Pension Plan, No. 20-55534, __F.App’x__, 2021 WL 1041693 (9th Cir. Mar. 18, 2021) involves a former stuntwoman’s claims for Disability Pension and Occupational Disability Pension…
District Court Permits Sun Life to Proceed with Fraud Counterclaim in Dispute Over ERISA-Governed Long-Term Disability Benefits
The ERISA claims and appeals process is rife for areas of disagreement. In what was filed as a run-of-the-mill long-term disability benefit lawsuit under the Employee Retirement Income Security Act…
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