Establishing which court will have jurisdiction over an ERISA-governed claim is the first step in litigation. There are many factors that can influence the outcome of a lawsuit, or may even determine whether a case can even be brought. In ERISA cases, often the first issue that needs to be resolved is where the lawsuit […]
The nation’s highest court has agreed to hear a case that considers when pension plan participants under ERISA can sue their plan administrators for mismanagement, even years after the alleged misconduct took place. It is the first case the Supreme Court will hear regarding excessive 401(k) fees. The Employee Retirement Income Security Act of 1974 […]
A ruling won by DeBofsky, Sherman & Casciari, Curtis v. Hartford Life & Acc.Ins.Co., 2014 WL 485233 (N.D.Ill. August 20, 2014) illustrates the importance of considering the combined impact of more than one medical condition in determining disability.
A recent DeBofsky, Sherman & Casciari victory, Cheney v. Standard Ins.Co., 2014 WL 4259861 (N.D.Ill. August 28, 2014) illustrates the concept of being disabled while still working and thus qualifying for disability insurance benefits. The plaintiff, Carole Cheney, was a non-equity partner at the law firm of Kirkland & Ellis, LLP who specialized in appellate […]
An insurer recently learned a hard lesson in how not to terminate disability benefits in Bertelsen v. Hartford Life Ins.Co., 2014 U.S.Dist.LEXIS 19225 (E.D.Cal. Feb. 14, 2014).
There, the plaintiff, Karen Bertelsen, worked as an engineering document control manager until she became disabled in 2008 on account of back pain caused by degenerative disk disease of the lumbar spine.
SCOTUS will soon decide on whether ERISA trumps state health care database laws. For the first time in almost ten years, the Supreme Court of the United States (SCOTUS) has agreed to hear a case involving an Employee Retirement Income Security Act of 1973 (ERISA) claim. The case calls into question whether or not a […]
A recent study from the Center for Retirement Research at Boston College found twenty to thirty percent of the population is best suited to benefit from long-term care coverage. Setting aside money for retirement is just one step towards future financial security. In addition to funding retirement accounts, a long-term care insurance policy may provide additional […]
Disability is not always based on a single medical condition. Many individuals suffer from multiple impairments; and while no single condition may be disabling, the combined co-morbidity of disparate impairments justify an entitlement to disability benefits. That was the lesson taught by Curtis v. Hartford Life & Acc.Ins.Co. 2014 WL 4185233 (N.D.Ill. August 20, 2014) (attached) […]
A recent ruling from the 7th U.S. Circuit Court of Appeals illustrates that the context of words can make a dramatic difference in the interpretation of a pension plan. In Schane v. International Brotherhood of Teamsters Union Local 710 Pension Fund, 2014 U.S.App.LEXIS 14118 (7th Cir. July 23), the appeals court established that the word […]
Quis custodiet ipsos custodes? -Juvenal, The Satires The translation of the title to this blog is “who watches the watchmen?” That question needs to be asked in relation to a critical feature of the Affordable Care Act – the availability of independent external review of health benefit claim denials. See, https://www.healthcare.gov/how-do-i-appeal-a-health-insurance-companys-decision/ The availability of an […]
In ERISA litigation, the availability of an attorney fee award pursuant to 29 U.S.C. Sec. 1132(g) gives an incentive to attorneys to take on such difficult cases. But what happens if a court fails to decide the matter, but instead, remands the case to reconsider the issues presented. In Gross v. Sun Life Assur.Co. of Canada, […]
Can taking vitamins recommended by a physician trigger a pre-existing condition exclusion in a disability insurance policy? That was the holding in Kutten v. Sun Life Assur.Co. of Canada, 2014 WL 3562784 (8th Cir. July 21, 2014) where the court found that taking Vitamin A constituted “medical treatment” sufficient to allow an insurer to avoid […]