Long Term Disability Archives

When a literal reading can be overridden

by Mark Debofsky | Oct 19, 2009 | ERISA Standard of Review, Long Term Disability

The arbitrary and capricious standard of review gives employers such broad discretion to interpret benefit plan provisions that a literal reading of the plan can be overridden according to Wallace v. Johnson & Johnson, 2009 U.S.App.LEXIS 22529 (1st U.S. Circuit Court of Appeals, Oct. 14). Wallace, who spent 14 years as a manager with Johnson […]

Ruling exposes defects in insurer’s determination

by Mark Debofsky | Mar 16, 2009 | Disability Benefits, Long Term Disability, Pain and Disability

Functional capacity evaluations are frequently used in disability insurance evaluations. While some courts have deemed such testing reliable, Alfano v. Cigna Life Ins.Co. of N.Y., 2009 U.S.Dist.LEXIS 7688 (S.D.N.Y. Jan. 30), offers an object lesson as to why courts need to be careful in assessing such tests. The plaintiff in Alfano worked in an administrative […]

Long Term Disability

When a literal reading can be overridden

Ruling exposes defects in insurer’s determination

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