A recent ruling from a federal court in Texas illustrates the difference between an ERISA welfare benefit and a payroll practice. While the former is subject to federal law, disputes arising in relation to payroll practices belong in state court. In Monkhouse v. Stanley Associates, Inc. Short Term Disability Income Plan, 2010 U.S.Dist.LEXIS 40555 (S.D.Tex. […]
Court decisions have grappled with the challenges of the ERISA limitations period.
A recent district court ruling involving a commercial airline pilot discussed a fascinating issue known as “legal” disability. A legal disability, in contrast to a factual disability, occurs on account of a loss of licensure or certification to practice in a profession. The cases discussing legal disabilities involve issues such as loss of a medical […]
A decision from the U.S. District Court for the District of Columbia reviews the deficiencies of a disability determination.
The case of Cox v. CIGNA Group Insurance, 2010 U.S.Dist.LEXIS 17164 (E.D. Ky., Feb. 24), is illustrative of a pattern suggestive of possible systematic maladministration of disability claims, a finding also made by the California Department of Insurance. California conducted a market conduct study of CIGNA’s disability claim handling and found numerous examples of unfair […]