Does being able to work part time cut the right to disability benefits?
Whether being able to work part-time affects a claimant’s eligibility for disability benefits depends on several factors.
Melech v. Life Ins.Co. of North America, 739 F.3d 663 (11th Cir. January 6, 2014)
The relevance of a Social Security disability determination to the outcome of a long-term disability claim has become a hot topic with the courts and insurance regulators. CIGNA and its subsidiary, the Life Insurance Company of North America have been the subject of numerous court rulings as well as a recent regulatory settlement with state […]
Collins v. Liberty Life Assur.Co. of Boston, 2013 U.S.Dist.LEXIS 174237 (C.D.Cal. December 11, 2013)
Long-term disability insurance cases involving fibromyalgia present special difficulties because there are no objective tests for the condition other than a clinical “trigger-point” test. A recent ruling from California handled by attorney Michael McKuin and decided by Judge Dolly Gee presents an interesting and thorough discussion of such a claim that stands out in noting […]
Valuable lessons in disability benefits adjudications
Disability insurance lawyers and claimants should be aware of a recently decided case from the U.S. Court of Appeals for the Seventh Circuit. Garcia v. Colvin, 2013 U.S.App.LEXIS 25452 (7th Cir. December 20, 2013) was a recent opinion authored by Judge Richard Posner, who has gained a reputation for doing more than jurist since the […]
How lenient is the ERISA arbitrary and capricious standard of review in disability insurance cases?
From time to time we comment on court opinions relevant to disability insurance and ERISA litigation – Gerhardt v. Liberty Life Assur.Co. of Boston, 2013 U.S.App.LEXIS 23912 (8th Cir. November 29, 2013)(Issue: Independent Medical Examinations; Transferable skills analysis). Lisa Gerhardt, a nurse, applied for disability benefits from her employer’s group long-term disability insurance company in […]
Does ERISA Allow Depositions of Claim Adjusters in Disability Insurance Claims?
Despite the fact that the Federal Rules of Civil Procedure are intended to apply to all civil actions adjudicated in federal court, ERISA cases receive different treatment, especially cases that involve disability insurance benefits. In Charles v. UPS National Long Term Disability Plan, 2013 U.S.Dist.LEXIS 164218 (E.D.Pa. November 19, 2013), the court was called upon to decide whether to allow a deposition of the claim adjuster who denied benefits.