How Do I Protect My ERISA Disability Claim During the Transition from Own Occupation to Any Occupation?
How Do I Protect My ERISA Disability Claim During the Transition from Own Occupation to Any Occupation?
Summary Answer Most group LTD policies shift from an "own occupation" standard to an "any occupation" standard after 24 months, and insurers conduct an intensive review at this transition. Read…
Wisconsin Federal Court Finds in Favor of ERISA Long-Term Disability Claimant, But Grants Insurer Right to Recover SSDI Overpayment
In Lehnen v. Unum Life Insurance Co., No. 23-CV-192-WMC, 2026 WL 444692 (W.D. Wis. Feb. 17, 2026), the Western District of Wisconsin held that a long-term disability claimant was entitled…
Ninth Circuit Holds Asbestos Abatement Contractors Qualify for MPPAA “Building and Construction Industry” Withdrawal Liability Exception
In Walker Specialty Construction, Inc. v. Board of Trustees of the Construction Industry and Laborers Joint Pension Trust for Southern Nevada, et al., No. 24-1560, ---F.4th----, 2026 WL 21743 (9th…
Fifth Circuit Holds ERISA Fiduciary Claims Seeking Monetary Relief Are Equitable and Not Subject to Arbitration
In Aramark Servs., Inc. Grp. Health Plan v. Aetna Life Ins. Co., No. 24-40323, ---F.4th----, 2025 WL 3676864 (5th Cir. Dec. 18, 2025), the Fifth Circuit affirmed the denial of…
Sixth Circuit Holds ERISA Completely Preempts State-Law Claims Challenging Insurer’s Reimbursement Practices
In Patterson v. UnitedHealth Group, Inc., No. 25-3175, ---F.4th----, 2025 WL 3458953 (6th Cir. Dec. 2, 2025), the Sixth Circuit affirmed the dismissal of a putative class action alleging that…
Eleventh Circuit Precedent Continues to Shape Limited Discovery in ERISA Cases
In Miller v. American United Life Insurance Co., No. 8:25-CV-1670-KKM-AAS, 2025 WL 3269397 (M.D. Fla. Nov. 24, 2025), the Middle District of Florida granted a claimant’s request for limited discovery…
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