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ERISA Watch – In Long Term Disability Case, Independent Physician Consultants’ Financial Conflict Is Imputed to MetLife

ERISA Watch – In Long Term Disability Case, Independent Physician Consultants’ Financial Conflict Is Imputed to MetLife

I am delighted to report that this week’s notable decision is one of our own, Demer v. IBM Corporation LTD Plan, No. 13-17196, __F.3d__, 2016 WL 4488006 (9th Cir. Aug.…

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ERISA Watch – Court Applies California’s Ban on Discretion to Self-Funded Disability Plan

Hello, ERISA Watchers!  This was an exciting week on the topic of state bans on discretionary clauses.  Two recent decisions applied the protection afforded by California Insurance Code Section 10110.6…

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Long Term Disability Policy Exclusions

Roughly 25% of the San Francisco Bay Area workforce will experience some kind of disabling illness or injury, but most of these employees will not know the terms of their employer-provided…

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Refusing to Attend an Independent Medical Examination Could Result In a Termination of Long Term Disability Benefits.

Many of our clients in San Francisco, San Jose, and all over the East Bay with ERISA-governed long term disability policies ask their attorney whether they must comply with an insurance company’s request…

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ERISA Watch – Lawsuit Challenging Calculation of Long Term Disability Benefits Is Time-Barred.

This week’s notable decision is the plaintiff-unfriendly decision in Haase v. Metropolitan Life Insurance Company, No. CV 15-2864, 2016 WL 4076418 (E.D. Pa. Aug. 1, 2016).  Haase is a long…

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Can The Lack Of A Diagnosis Prevent You From Receiving Long Term Disability Benefits?

Our Bay Area clients often ask us whether they need a definitive diagnosis in order to receive long term disability benefits under their employer’s ERISA-governed group disability plan. For some,…

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