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ERISA Watch – Former Attorney Entitled to Long Term Disability Benefits Despite Ability to Walk Dog

ERISA Watch – Former Attorney Entitled to Long Term Disability Benefits Despite Ability to Walk Dog

“This would come as something of a surprise to the nation’s law students, that the threshold requirement for practicing law is based on the ability to walk a dog.” –…

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ERISA Watch – ERISA Preempts California’s Ban on Discretionary Clauses As it applies to Self-Funded Disability Plans

This week’s notable decision is the Ninth Circuit’s decision in Williby v. Aetna Life Ins. Co., No. 15-56394, __F.3d__, 2017 WL 3482390 (9th Cir. Aug. 15, 2017).  In this case,…

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ERISA Watch – Seventh Circuit Validates ERISA Plan’s Forum Selection Clause

To sue or not to sue, where is the venue?  The Seventh Circuit Court of Appeals says it is wherever the employee benefit plan says it is.  In In re…

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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…

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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__,…

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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…

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