ERISA Watch – Certified for Interlocutory Appeal at the Third Circuit Is Whether an ERISA Plan’s Reimbursement Terms Supersede a Third Party Attorney’s Claim for Fees
ERISA Watch – Certified for Interlocutory Appeal at the Third Circuit Is Whether an ERISA Plan’s Reimbursement Terms Supersede a Third Party Attorney’s Claim for Fees
This past week there were a couple of notable decisions in the subrogation/reimbursement context. In UnitedHealth Grp. Inc. v. MacElree Harvey, Ltd., No. CV 16-1026, 2016 WL 5239675 (E.D. Pa.…
Does Your Long Term Disability Result From a Pre-Existing Condition?
Our clients from all over the California Bay Area, including San Francisco, Oakland, and San Jose, have long term disability policies that contain pre-existing condition exclusions. Many claimants need an…
ERISA Watch – Fifth Circuit Holds That Statutory Right to “Proper Plan Management” Under ERISA Does Not Confer Article III Standing
Happy Tuesday! This week’s notable decision is Lee v. Verizon Commc’ns, Inc., No. 14-10553, __F.3d__, 2016 WL 4926159 (5th Cir. Sept. 15, 2016). Lee involves a certified class action of…
The Sky’s the Limit, But Not in Your Long Term Disability Policy
Many of our San Francisco Bay Area long term disability clients sought an attorney’s advice about the limitations in their employer-provided disability plan. Most of them had not even reviewed…
ERISA Watch – Sixth Circuit Adopts “But-For” Interpretation of Mental Illness Limitation In Long Term Disability Plan
It’s always a joy when the notable decision is a win for disability claimants. In Okuno v. Reliance Standard Life Ins. Co., No. 15-4043, __F.3d__, 2016 WL 4655741 (6th Cir.…
An Insurer Cannot Delay In Deciding Your Long Term Disability Appeal
No matter where you live, if you have a long term disability policy covered by the Employee Retirement Income Security Act of 1974 ("ERISA"), your claim for benefits is governed by…
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