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Your ERISA Watch – In the Seventh Circuit, File Suit Immediately or Lose De Novo Review

Your ERISA Watch – In the Seventh Circuit, File Suit Immediately or Lose De Novo Review

A few weeks ago one of the notable decisions out of the Eastern District of Tennessee, Jordan v. Reliance Standard Life Insurance Company, 2018 WL 543041 (E.D. Tenn. Jan. 24,…

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ERISA Watch – Play or Pay – Claimants and Administrators Must See the Administrative Process Through

Follow me to Tennessee!  This week’s notable decisions are far apart on the spectrum, yet more similar than you might think, and not just because they’re both out of Tennessee…

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ERISA Watch – First Circuit Holds that Claimant Is Disabled by RSD and Fibromyalgia; Sanctions against Her Attorney for Threatening to Sue Insurer’s “Independent” Doctor Are Not Warranted.

This week’s notable decision is Gross v. Sun Life Assurance Co. of Canada, No. 16-1958, __F.3d__, 2018 WL 460203 (1st Cir. Jan. 18, 2018).  It’s jam packed with lots of…

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ERISA Watch – Disability Insurer Must Consider Physical and Mental Stress of Occupation

This week's notable decision is Popovich v. Metro. Life Ins. Co., No. CV1509791ABMRWX, __F.Supp.3d__, 2017 WL 6546920 (C.D. Cal. Dec. 21, 2017) (Judge Andre Birotte Jr.).  On de novo review, the…

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ERISA Watch – Eleventh Circuit Rules That Pain and Spasm Symptoms Are Not Pre-existing Conditions for Long Term Disability Claim

This week’s notable decision, Horneland v. United Of Omaha Insurance Company, No. 16-16935, __F.App’x__, 2017 WL 5508496 (11th Cir. Nov. 17, 2017), is an unpublished decision from the Eleventh Circuit…

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ERISA Watch – Achieving a Remand to the Disability Plan Administrator Warrants Attorneys’ Fees under ERISA Section 502(g)

Show me the money!  Halloween is around the corner and this week’s notable decisions are scary, at least to ERISA plan administrators. This past week saw FOUR attorneys’ fee decisions…

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