Does being able to work part time cut the right to disability benefits?
Whether being able to work part-time affects a claimant’s eligibility for disability benefits depends on several factors.
Articles
Updates on the latest in benefits news and practical pointers for your benefits-related issues.
Melech v. Life Ins.Co. of North America, 739 F.3d 663 (11th Cir. January 6, 2014)
The relevance of a Social Security disability determination to the outcome of a long-term disability claim has become a hot topic with the courts and insurance regulators. CIGNA and its subsidiary, the Life Insurance Company of North America have been the subject of numerous court rulings as well as a recent regulatory settlement with state […]
Collins v. Liberty Life Assur.Co. of Boston, 2013 U.S.Dist.LEXIS 174237 (C.D.Cal. December 11, 2013)
Long-term disability insurance cases involving fibromyalgia present special difficulties because there are no objective tests for the condition other than a clinical “trigger-point” test. A recent ruling from California handled by attorney Michael McKuin and decided by Judge Dolly Gee presents an interesting and thorough discussion of such a claim that stands out in noting […]
High court decision provides some guidance on ERISA limitations periods
Statutes of limitation can be very confusing in Employee Retirement Income Security Act cases. Since the provision of ERISA that authorizes claimants to sue to recover benefits (29 U.S.C. Section 1132(a)(1)(B)) lacks its own statute of limitations, courts borrow the most analogous limitations period under state law. But if the benefit plan contains its own […]
How courts interpret the meaning of ‘civil action’
Congress authorized claimants seeking employee benefits due under ERISA to bring a ‘civil action’ to recover benefits due or obtain appropriate equitable relief. 29 U.S.C. § 1132(a). The Federal Rules of Civil Procedure contemplate only one form of civil action; and civil actions are to be adjudicated utilizing the procedures specified by the civil procedure […]
Long-term care insurance denial leads to lawsuit
A recently filed lawsuit focuses on one of the pitfalls in long-term care insurance, a critical area of practice for DeBofsky, Sherman & Casciari. The lawsuit, filed in federal court in Connecticut, and titled, “Gardner v. CNA Financial,” , alleges that Chicago-based CNA, a major long-term care insurer, wrongfully denied coverage for services provided in […]
A lesson in disgorgement
The Employee Retirement Income Security Act law creates a number of perverse incentives for insurers that administer benefit claims. Without the availability of remedies beyond the restoration of benefits due, insurers can earn significant profits on delayed payments. A recent 6th U.S. Circuit Court of Appeals ruling, Rochow v. Life Ins. Co. of North America, […]
Valuable lessons in disability benefits adjudications
Disability insurance lawyers and claimants should be aware of a recently decided case from the U.S. Court of Appeals for the Seventh Circuit. Garcia v. Colvin, 2013 U.S.App.LEXIS 25452 (7th Cir. December 20, 2013) was a recent opinion authored by Judge Richard Posner, who has gained a reputation for doing more than jurist since the […]
Should claimants be allowed to depose ERISA Plan Administrators?
The Federal Rules of Civil Procedure are intended to apply to all civil actions adjudicated in federal court. However, without explanation, Employee Retirement Income Security Act(ERISA) cases receive different treatment, especially cases that involve disability insurance benefits. Although depositions of claim adjusters are routine in other insurance disputes, they are almost unheard of in ERISA […]
How lenient is the ERISA arbitrary and capricious standard of review in disability insurance cases?
From time to time we comment on court opinions relevant to disability insurance and ERISA litigation – Gerhardt v. Liberty Life Assur.Co. of Boston, 2013 U.S.App.LEXIS 23912 (8th Cir. November 29, 2013)(Issue: Independent Medical Examinations; Transferable skills analysis). Lisa Gerhardt, a nurse, applied for disability benefits from her employer’s group long-term disability insurance company in […]
Can an employee’s obligation to provide evidence of insurability to secure life insurance be excused by the doctrine of incontestability or by an ERISA claim for breach of fiduciary duty?
A life insurance case involving the issue of incontestability caught our attention. Patterson v. Reliance Standard Life Ins.Co., 2013 U.S.Dist.LEXIS 171873 (C.D.Cal. December 4, 2013)(Issue: Incontestability).
Does ERISA Allow Depositions of Claim Adjusters in Disability Insurance Claims?
Despite the fact that the Federal Rules of Civil Procedure are intended to apply to all civil actions adjudicated in federal court, ERISA cases receive different treatment, especially cases that involve disability insurance benefits. In Charles v. UPS National Long Term Disability Plan, 2013 U.S.Dist.LEXIS 164218 (E.D.Pa. November 19, 2013), the court was called upon to decide whether to allow a deposition of the claim adjuster who denied benefits.