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Offsets to Disability Benefits

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Oversights led to offsets for veteran’s benefits

by Mark Debofsky | Nov 13, 2006 | Offsets to Disability Benefits

The issue in the 5th U.S. Circuit Court of Appeals ruling High v. E-Systems Inc Long Term Disability Income and Death Benefit Plan, 2006 U.S.App.LEXIS 19613, (Aug. 3), was whether MetLife had the authority to offset Veterans Administration disability benefits that the plaintiff had been receiving even before he was hired by E-Systems in 1982 […]

Erring on ERISA by looking for common sense

by Mark Debofsky | Nov 17, 2004 | Offsets to Disability Benefits

The recent decision in Unum Life Insurance Company of America v. O’Brien, 2004 U.S. Dist. LEXIS 20761 (M.D. Fla., Oct. 4), presents a typical scenario where a disability insurer sues an unrepresented claimant, seeking reimbursement of benefits that had been overpaid due to the receipt of a Social Security award. Such suits are based on […]