Disability benefit cases governed by the Employee Retirement Income Security Act are not only about whether someone qualifies for benefits, but often involve benefit terminations. While many courts have confronted that situation, the guidelines for assessing ongoing disability benefit claims have varied, especially under a deferential standard of judicial review.
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We are excited that our founding partner, Mark D. DeBofky has been recommended and by his peers and approved as Leading Lawyer for 2022 […]
Over the past several months, there has been a flurry of federal appellate opinions questioning civil procedure norms in Employee Retirement Income Security Act benefits litigation. A pair of brand new appellate decisions have also focused on the same issue, although not necessarily in a direction that harmonizes ERISA civil procedure with the Federal Rules of Civil Procedure.
When employee benefit claims brought under ERISA come before a court for resolution, who has the burden of proof? Does the claimant have the burden of proving the claim denial was improper, or does the insurance company has the burden of proving its decision was correct […]
The Employee Retirement Income Security Act permits aggrieved individuals whose employee benefit claims have been denied to bring a civil action to recover benefits claimed to be due […]
Every claim for group long-term disability benefits requires input from the claimant’s employer […]