There has been a growing number of rulings relating to health insurance denials involving mental health treatment. A recent example is Jamie F v. Unitedhealthcare Insur. Co., 2020 WL 4249200 (N.D. Cal., July 23), involved a claimant who had a long history of being treated for several mental illnesses including anorexia nervosa, depression, anxiety, obsessive-compulsive disorder and self-harming behaviors.
Employee benefit claimants are frequently surprised by the limited remedies to them under the Employee Retirement Income Security Act. However, a recent U.S. Supreme Court ruling in Liu v. U.S. Securities and Exchange Commission,[1] might open the door to additional remedies.
An aspect of Employee Retirement Income Security Act benefits litigation that distinguishes it from other civil litigation is that discovery in ERISA cases is only stingily granted. Although, as will be shown below, that appears to be changing. There is no statutory basis for limiting discovery in ERISA cases, nor do the Federal Rules of […]
Mark D. DeBofsky is a name partner of DeBofsky Law — on the web at debofsky.com. He handles civil and appellate litigation involving employee benefits, disability insurance and other insurance claims and coverage issues. While most ERISA claims are heard in federal court, claims for benefits may also be brought in state court. The ERISA […]
Mark DeBofsky was recently invited by the National Academy of Legal Education to record a video on pre-litigation appeals of benefit denials in ERISA cases which are generally considered mandatory. Claim appeals are also often the key to success or failure in litigation, yet they are often given insufficient attention both by claimants and plan […]