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ERISA Watch – Beware of Social Media If You’re a Long Term Disability Claimant

ERISA Watch – Beware of Social Media If You’re a Long Term Disability Claimant

“Lordy, I hope there are tapes,” said no plaintiff's attorney ever.  This week’s notable decision is an unfortunate one out of the Fifth Circuit Court of Appeals.  It highlights the…

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ERISA Watch – Court Recognizes Disabling Impact of Fibromyalgia in Long Term Disability Case

This week's notable decision is out of the Seventh Circuit Court of Appeals in Kennedy v. The Lilly Extended Disability Plan, No. 16-2314, __F.3d__, 2017 WL 2178091 (7th Cir. May 18,…

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District Court Issues Instructive Opinion Regarding ERISA and Discovery

Discovery is the pre-trial process that allows the parties to obtain certain evidence for use in a legal case. Indeed, discovery is critically important as it allows parties to get…

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Bay Area Software Engineer Files Lawsuit After PTSD-related Disability Claim is Denied

According to reporting from the Northern California Record, Christopher Kane, a San Jose software engineer of Apple, recently filed a lawsuit claiming that he has been wrongfully denied his long…

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Benefit Overpayment And Recoupment

Employee pension and benefit plan administrators have a duty of trust to act in both the employee and the company’s best interests. Unfortunately, when mistakes resulting in overpayments are made,…

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ERISA Watch – Court Denies Attorneys’ Fees to Prevailing Insurance Company Defendant In Long Term Disability Benefit Dispute

Let’s talk money.  This week’s notable decision, Geiger v. Aetna Life Ins. Co., No. 15-CV-3791, 2016 WL 5391206 (N.D. Ill. Sept. 27, 2016), involves Aetna Life Insurance Company’s failed attempt…

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