ERISA Watch – Failure to Adequately Consider Social Security Award Is Evidence of Disability Insurer’s Financial Conflict of Interest
ERISA Watch – Failure to Adequately Consider Social Security Award Is Evidence of Disability Insurer’s Financial Conflict of Interest
This week’s notable decision, Calhoun v. Life Insurance Company of North America, No. 15-3470, __F.App’x__, 2016 WL 7241398 (6th Cir. Dec. 15, 2016), is unfortunately, not recommended for full-text publication,…
December 2016 Final Rule Strengthens Consumer Protections for Workers Requesting Disability Benefits from ERISA Employee Benefit Plans
The information below is taken directly from the Department of Labor's Fact Sheet on the Final Rule. On December 16, 2016, the Department of Labor announced the release of a…
ERISA Watch – Against the Tide: Court Rules ERISA Preempts Cal Ins. Code 10110.6 as It Applies to a Self-Funded Disability Plan
The California ban on discretion makes the headline again. In Martin v. Aetna Life Ins. Co., No. CV 15-7355-RSWL-FFMX, 2016 WL 6997484 (C.D. Cal. Nov. 30, 2016), Judge Ronald Lew…
ERISA Watch – Disability Plan Administrator Must Respond to Discovery Requests Concerning Documents Brought to its Attention
Welcome back! Hope everyone had a wonderful Thanksgiving break. We were pleased to return to a good discovery decision in one of our long term disability cases, Suson v. PNC…
ERISA Watch – Long Term Disability Plan that Pays Benefits for Schizophrenia Must Also Pay for Schizoaffective Disorder
This week’s notable decision is Duncan v. Metro. Life Ins. Co., No. 2:15-CV-626TS, 2016 WL 6651317 (D. Utah Nov. 10, 2016), a victory for disability claimants. Duncan was diagnosed with…
ERISA Watch – Ninth Circuit Holds that DOT Definition of Sedentary Work Applies to ERISA Long Term Disability Claim
This week’s notable decision is a great one for disability claimants, at least those in the Ninth Circuit. In Armani v. Nw. Mut. Life Ins. Co., No. 14-56866, __F.3d__, 2016…
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