Disability Benefits Archives

Claimant Denied Fair Chance to Continue Benefits

by Mark Debofsky | Nov 21, 2005 | Disability Benefits

A recent 7th U.S. Circuit Court of Appeals case could aptly be entitled ”Halpin Redux,” since the decision was written by Judge Kenneth F. Ripple, who penned Halpin v. W.W. Grainger Inc., 962 F.2d 685 (7th Cir. 1992), and the case covers the identical ground.

In Schneider v. Sentry Group Long Term Disability Plan, 2005 U.S. App. LEXIS 19273 (7th Cir., Sept. 7), an employee of Sentry Life began receiving disability benefits in 2001 due to major depression.

Death Apparently Not Enough to Prove Disability

by Mark Debofsky | Oct 18, 2005 | Disability Benefits, ERISA

The disability insurance policy at issue in a federal court decision acknowledged that the insurer was a fiduciary and had discretion to determine eligibility for benefits and construe the policy terms. The policy further stated that ERISA fiduciaries ”have an obligation to administer the plan prudently and to act in the interest of you and other plan participants and beneficiaries.”

1st Circuit Overlooks Crucial ERISA Distinction

by Mark Debofsky | Jun 20, 2005 | Civil Procedure, Disability Benefits, ERISA Standard of Review

In a very significant ruling, the 1st U.S. Circuit Court of Appeals offered its view on the scope of a de novo judicial review of a benefits denial claim governed by the ERISA law: ”The claimant was not entitled to trial or to admit desired new evidence outside the administrative record or to discovery.” Plaintiff […]

Judge questions distinction set for types of illness

by Mark Debofsky | Jan 17, 2005 | Disability Benefits

Chief U.S. District Judge William Young, the author of the provocative indictment of the claims practices of the Unum Provident Corp. in Radford Trust v. First Unum Life Insurance Company of America, 321 F.Supp.2d 226 (D. Mass. 2004), has written yet another thoughtful opinion. The ruling in Iwata v. Intel Corp., 2004 U.S. Dist. LEXIS […]

Judge takes aim at disability insurers, ERISA

by Mark Debofsky | Jan 3, 2005 | Disability Benefits, ERISA

4th Circuit Joins Chorus in Questioning Tactics

by Mark Debofsky | Dec 20, 2004 | Disability Benefits, ERISA Standard of Review

Plaintiff Wanda J. Stup, who suffers from lupus and fibromyalgia, won affirmance of a judgment holding that defendant Unum Life Insurance Company of America abused its discretion in denying her request for disability benefits. Although Unum did not dispute the plaintiff’s diagnoses, it had rejected the claim based on its determination that the plaintiff could […]

Disability Benefits