Appeals Court Clarifies Factors for Fee Awards
A federal appeals court recently examined the issue of when attorney fees are properly awarded in cases brought under the Employee Retirement Income Security Act.
Articles
Updates on the latest in benefits news and practical pointers for your benefits-related issues.
Judge sees importance of discovery ruling
Although couched in a ruling on a motion to reconsider an order compelling MetLife to respond to plaintiff’s discovery requests, a recent thoughtful opinion in Hogan-Cross v. Metropolitan Life Ins.Co., 2008 U.S.Dist.LEXIS 58027 (S.D.N.Y. July 31), a disability benefit dispute, explains the paradigm shift in ERISA litigation created by a recent Supreme Court ruling. Judge […]
Ruling underscores value of treating doctor’s opinion
In a recent Social Security disability ruling, the 7th U.S. Circuit Court of Appeals offered a number of very thoughtful and constructive observations about the assessment of disability. The case of Bauer v. Astrue, 2008 U.S. App. LEXIS 14484 (7th Cir., July 8), involved a claimant who suffered from bipolar disorder, a mental condition characterized […]
Bankruptcy omission led to estoppel
A recent district court ruling in Texas offers a cautionary tale to practitioners. Acuna v. Connecticut General Life Ins.Co., 2008 U.S.Dist.LEXIS 51136 (E.D.Texas May 28, 2008), involved an anesthesiologist who suffered from a severe ocular disorder that forced her to stop working and pursue a claim for disability benefits in 2003.
Ruling means end for lenient regime of reviews
In Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989), the U.S. Supreme Court ruled that benefit claims under the ERISA law should be evaluated under principles of trust law, which allows discretionary authority to be vested in trustees to determine eligibility to receive benefits and to interpret the plan documents. At the […]
Ruling shows problems with review system
A recent ruling from the federal court in Atlanta, Johnson v. Metropolitan Life Ins.Co., 2008 U.S.Dist.LEXIS 42944 (N.D.Ga. May 30, 2008), offered a very interesting and thorough analysis of a disability benefit dispute. In Johnson, the plaintiff, who had worked for Cingular for more than 13 years as a ”field coordinator, global accounts,” suffered from […]
Offset ruling beneficial to claimants
Group disability benefits are typically offset by both Social Security disability benefits and by awards of workers’ compensation. In Alloway v. ReliaStar Life Ins.Co., 2008 U.S.Dist.LEXIS 34853 (C.D.Cal. April 28, 2008), the district court took a fresh look at workers’ compensation offsets, and the result proved beneficial to claimants. Alloway was a class action consisting […]
Court prevents review of doctor’s report
A decision by the U.S. District Court for the District of Connecticut prevents the review of a doctor’s report in a disability case.
The year in employee benefits
Employee benefits issues have occupied the courts recently and will continue to do so. Court decisions have reflected the most prevalent current economic issues, and also have addressed issues that will be decisive in the upcoming national election. For example, the debate over national health care has resulted in conflicting decisions relating to local initiatives […]
Court finds conflict in insurer, reviewer relationship
In Caplan v. CNA Financial Corp., 2008 U.S.Dist.LEXIS 28290 (N.D.Cal. April 4), David Caplan, who worked for CNA Financial supervising workers’ compensation claims, suffered a neck injury, which caused severe pain, and spasms that significantly interfered with his ability to work at a computer, his primary job function. Initially, Caplan tried to deal with his […]
Court Nixes Insurer Offset for Dependent SSA Benefits
A federal district court in Illinois recently invalidated an insurance company’s offset of dependent Social Security disability benefits.