A recent court ruling from Pennsylvania involving ERISA Discovery permitted depositions to be taken in an ERISA disability insurance case, but applied a rationale that raises concerns about a misuse of administrative law procedures that attorneys and disability insurance claimants should be aware of.
DeBofsky, Sherman & Casciari recently partnered with United Policyholders on an amicus brief urging affirmance in Rochow v. Life Insurance Company of North America ("LINA"), 737 F.3d 415 (6th Cir. 2013). United Policyholders is a non-profit 501c3 organization that serves as a voice and information resource for insurance consumers in all 50 states.
In evaluating disability insurance claims, determining the insured's pre-disability occupation is often a complicated task. Many individuals derive their income from a variety of sources; and courts use two primary approaches in determining whether a person is disabled from performing their own occupation as the following discussion of a recent court ruling decided by a federal court in Michigan shows: