During its most recent term, the U.S. Supreme Court overturned a 40-year-old precedent that guided courts in addressing administrative agency interpretations of the laws they regulate. In Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc.,[1] the Supreme Court ruled in 1984 […]
While it is not completely impossible to simultaneously seek disability insurance benefits while also alleging disability discrimination, doing so is fraught with peril for the reasons discussed below. […]
A recent CNN report cited medical research showing that “long Covid creates a higher burden of disability than either heart disease or cancer.” Studies have also found that long Covid has “forced between two million and four million Americans out of the workforce.” […]
Most employee benefit claims involving long-term disability are insured by disability insurance companies. As a result of industry consolidation, there are now only a handful of long-term disability insurers that underwrite group long-term disability insurance. […]
A federal court in California recently took a disability insurer to task for abusing its discretion in denying a disability benefit claim. […]
Lawyers who represent employees in severance negotiations should be aware and take heed of the recent New York federal court ruling in Schuyler v. Sun Life Assurance Co., 2023 WL 2388757 (S.D. N.Y., March 7, 2023). That case illustrated a dangerous pitfall that may unwittingly result in unintended unfortunate consequences based on the court’s finding that an employee’s release of her employer also waived the employee’s right to sue her disability insurer. […]