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- Is a court remand sufficient for a fee award?
- Wrongly used standard can deny worthy benefits
- Is taking prophylactic measures a pre-existing condition?
- Courts seek clarity on subjective diseases
- Working while disabled
- Examining the nature of illness and injury
- “Any” or “All”
- Credibility should have been the issue in review
- Is a death due to a pulmonary embolism suffered on account of airplane travel “accidental”?
- Benefit plan took the necessary steps
- Federal judge challenges ERISA litigation procedures
- Ruling underscores value of treating doctor’s opinion
- DeBofsky, Sherman & Casciari wins attorney fee award
- Scope of review: Buzzanga v. Life Ins. Co. of N. Amer.
- Discovery in ERISA cases
- Bankruptcy omission led to estoppel
- DeBofsky, Sherman & Casciari partners with United policyholders on amicus brief in Rochow v. LINA
- Ruling means end for lenient regime of reviews
- Evaluating disability insurance claims – What is the insured’s occupation?
- Ruling shows problems with review system
- Can a law banning discretionary clauses apply to an event occurring prior to the legislative enactment?
- Offset ruling beneficial to claimants
- DeBofsky, Sherman & Casciari wins disability benefits for law firm partner
- Court prevents review of doctor’s report
- Meguerditchian v. Aetna Life Ins.Co., 2014 U.S.Dist.LEXIS 23910 (C.D.Cal. February 21, 2014)
- Choice of review standard often dictates outcome
- Melech v. Life Ins.Co. of North America, 739 F.3d 663 (11th Cir. January 6, 2014)
- The year in employee benefits
- Collins v. Liberty Life Assur.Co. of Boston, 2013 U.S.Dist.LEXIS 174237 (C.D.Cal. December 11, 2013)
- Court finds conflict in insurer, reviewer relationship
- How courts interpret the meaning of ‘civil action’
- How the courts address ‘legal’ disabilities
- Long-term care insurance denial leads to lawsuit
- Struggle over ‘mental illness’ exclusions
- Valuable lessons in disability benefits adjudications
- Federal court views risk of relapse upon return to work as a disability
- How lenient is the ERISA arbitrary and capricious standard of review in disability insurance cases?
- Court nixes insurer offset for dependent SSA benefits
- 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?
- Courts face challenges with ERISA, limitations period
- Does ERISA allow depositions of claim adjusters in disability insurance claims?
- Rulings uphold state power over review clauses
- Good intentions lead to less than positive outcome for plaintiff
- Court recognizes fiduciary breach claim when health insurer gives erroneous information
- A painful burden for disability claimants
- If doubts arise, in-person exam needed
- Accidental death benefits to survivors of drunken drivers
- A federal judge in Alabama
- A split in the circuits exists for ERISA benefit disputes
- Settlement gives relief to aggrieved long term care policyholders
- Papotto v. Hartford Life & Acc.Ins.Co., 2013 U.S.App.LEXIS 19660
- Court looks at deficiencies in determining disability
- More on Freeland v. Unum, a case litigated by DeBofsky, Sherman & Casciari
- Enforceability of forum selection clause reviewed
- More on the CIGNA Regulatory Settlement Agreement
- Courts deal with issue of ERISA attorney fees
- Federal appellate court reinstates claim in ERISA dispute
- Warner v. Unum Life Ins.Co. of America, 2013 U.S.Dist.LEXIS 105067 (N.D.Ill. July 26, 2013)(Issue: Discovery)
- Claim decisions must be reasonable and accurate
- CIGNA enters into regulatory settlement agreement
- Considering a ‘prevailing party’ requirement
- Seventh Circuit permits ERISA suits to be brought against insurers
- 7th Circuit addresses lump-sum pension distribution question
- Court ruling expands scope of ERISA Discovery
- Who gets the last word in an ERISA claim appeal?
- 2012 ERISA Advisory Council hearing on managing disability risks in an environment of individual responsibility
- DeBofsky, Sherman & Casciari wins ruling on fiduciary exception to attorney-client privilege
- Ruling affirms Glenn’s impact on standard of review
- DeBofsky, Sherman & Casciari obtains favorable court ruling on ERISA standard of review
- Disability pension blocked for working man
- Senate oral testimony
- DeBofsky, Sherman & Casciari wins court ruling on ERISA standard of review
- Settlement did not justify vacatur: U.S. court
- Federal court rules that showing up for work is a key to doing the job
- De novo review is not a rubber stamp
- Testimony on disability insurance claims handling best practices
- High court looks at use of ‘common-fund doctrine’ for personal-injury settlements
- Testimony presented to the ERISA Advisory Council-Working Group on health and welfare benefit plans’ communications
- Florida case offers lesson on ERISA, good-faith duties and fair dealing
- Court rejects claim that vitamin supplements are a medical treatment
- Equity provides a way to right a wrong
- Why discretionary clauses must be prohibited
- MetLife’s ‘cookie-cutter’ diagnosis slammed
- Court gives insurer another bite at the apple
- Court refuses to rubber-stamp denial
- Line between a job and an occupation
- Court finds employee was totally disabled
- Documents ruling cuts access to courts
- Court judgment stays on the books
- Another court questions impartiality of doctor
- Claimant denied fair chance to continue benefits
- Death apparently not enough to prove disability
- Judgment an incentive for careful claims review
- Law trying to get head around mental illness
- Court questions insurer behavioral health treatment guidelines
- Standard of review in ERISA cases too deferential
- How to dispute an insurance claim denial
- 7th Circuit ruling puts ERISA litigation back on track
- Ruling undercuts ERISA promise of protection
- Ruling restores some balance to ERISA cases
- FAQs you should be asking about disability insurance
- Appeals court rejects ruling on tardy review
- Exercise your COBRA rights without getting snake-bitten
- 1st Circuit overlooks crucial ERISA distinction
- When and why AD&D insurance companies deny claims
- Unfair ruling against reasoning behind ERISA
- Insured’s silence not enough
- Court applies common sense to ERISA
- No reason to deny jury trials for ERISA claims
- Discretionary clauses under heavy fire
- Insurance adjuster wins bid for disability benefits
- Ruling shows courts must take more responsibility
- Ruling exposes defects in insurer’s determination
- Big step toward clearing up ERISA litigation
- Long-term care insurance lawyers in Chicago
- Consider this before wrongfully denying a claim
- Changed definition halts disability benefits
- Court right to look at big picture in benefits case
- Ruling outlines scope of review in ERISA case
- Ruling puts Glenn decision to work
- Insurer functioned as administrator court
- Chronic pain and disability claims
- Is expediency more important than accuracy?
- Ruling warns against failure to communicate
- Judge questions distinction set for types of illness
- Ruling on scope, standard of review disturbing
- Judge takes aim at disability insurers, ERISA
- 4th Circuit joins chorus in questioning tactics
- Right result, but confusing reasoning
- Insurer can’t ‘cherry pick’ medical report
- 5th Circuit stands alone on degree of disability
- Insurer can’t keep manual from claimant
- Erring on ERISA by looking for common sense
- Turning up the power of the lens raises the heat
- Work ability more than just physical
- Opinion aberrational on work definition
- Ruling an indictment of Unum’s operations
- Standard of review didn’t prevent reversal
- Oversights led to offsets for veteran’s benefits
- An end to lenient regime of claim reviews
- Court misunderstands definitions
- Court finds conflict in review of claim
- Court issues important case on attorney fees
- Claimant not required to exhaust issues
- Judge has neither love nor mercy for ERISA
- Insurer’s own guidelines dismissed as not binding
- Court rethinks its approach after Glenn ruling
- ‘Bad faith’ not required in awarding fees
- Federal court revives disability claim for schizoaffective disorder
- Can an expired limitations period be revived?
- Life insurance and beneficiary intentions
- Churches, pensions and ERISA
- Should veterans’ benefit payments reduce private long-term disability?
- When it comes to ‘or,’ context matters
- Why do health insurers deny claims?
- ERISA anti-alienation provisions do not protect benefits once distributed
- Supreme Court to hear ERISA case on retirement plan mismanagement
- Federal appeals court rules that ERISA plans can include choice of venue provision
- Study on long-term care insurance: Tips when coverage fails
- Insurer’s objective pain defense doesn’t hurt fibromyalgia claim
- SCOTUS to rule on ERISA fiduciaries duty to monitor investments
- Disability determinations require realistic assessment of vocational capabilities
- In ERISA, removal of deterrence incentivizes negative behavior
- Courts continue to permit plaintiffs to plead simultaneous claims for benefits and breach of fiduciary duty under ERISA
- Insurers should not conflate risk factors with pre-existing conditions
- Mental health coverage required under 2008 parity act
- What an occupation assessment entails
- Crime, punishment and paying restitution to victims
- Ensure future financial security with life and accidental death insurance policies
- Court takes weekends into account in extending ERISA deadlines
- Objective medical information for claims
- In 11th Circuit case, disabled worker not disabled enough
- Court finds denial arbitrary and capricious
- When does ERISA apply to small business owner benefit plans?
- ERISA preemption and state bans on discretionary clauses
- Court looks at calculating credit and taxes in disability benefits case
- Discretionary clauses and choice of law in ERISA cases
- Role pain plays in disability spotlighted
- State health care database laws take on ERISA: SCOTUS to decide
- Pension obligations vs. religious exemptions: Does this make sense?
- Has your short-term or long-term disability claim been denied?
- Court casts questioning eye on whether doctors’ review was fair, independent
- ERISA does not stand for equitable relief in ‘swollen assets’
- California ERISA case makes attorney’s success (and fees) one and the same
- Disability insurer taken to task over vocational assessment
- Disability claims denials: next steps
- Ruling pushes needs of the individual
- Ruling sheds light on reimbursement claims
- Man finds his claim narrow enough to avoid ERISA pre-emption provisions
- Health insurer’s three-word denial brings cold shoulder from 2nd Circuit
- One disability claim case brings several common themes together
- Disability insurer taken to task for delayed action on disability claim
- Insurer lambasted for ‘misleading’ court and claimant in disability case
- Proving intoxication caused injury more difficult than simple tests
- Discretion and pre-emption: Unraveling ERISA, state insurance law
- Doctor’s sizeable income from insurer raises big question of neutrality
- Judge delivers a sobering message to wine rep’s disability insurer
- Plaintiff loses de novo review, couldn’t prove disability argument
- Appeals court takes stand on sitting, opts for Labor Department ruling
- Inconclusive medical tests should not undermine benefits claim, court rules
- New ERISA disability rules look to level playing field for all
- Court throws back red herring in fibromyalgia disability case
- New wine in an old bottle: the Department of Labor’s revised regulations applicable to disability benefit claims
- Question of disability for pharmacist on narcotics doesn’t halt insurer
- Case guidelines not meant as rigid formula that dictates outcome
- Georgia disability case gives weight to functional capacity evaluations
- If sufficient medical evidence absent, consider vocational skill level
- Court questions insurer’s about-face on paying disability benefits
- ERISA exception ruling may bring wider interpretation in the future
- Court misses the mark on disability
- Offset statutes put brakes to insurer’s effort to half disability benefits
- Ruling gives benefits, but not lawyer fees
- Contract clause strong enough to upend ERISA forum provisions
- Court tries to end discretion debate
- When a chain has too many links
- Behavioral health ruling supports benefit claim appeals
- Remand didn’t help where Plan was at fault
- Montana ruling may bridge gap between physical, mental disability
- Decision begins to explain problems with ERISA litigation
- Insurer sent packing with travel argument
- Attorney’s fees not enough to deter bad denials
- Court grounds claims by insurer in airline pilot’s disability case
- Benefit payment decisions should not be left up to the Insurers
- Insurer’s flip-flop on disability claim causes a finding for plaintiff
- Conflicted over conflicts of interest
- Insurer loses out on effort to capture chunk of med-mal settlement
- Case shows it’s not ‘all or none’ for disability
- Examining when a plaintiff can remain anonymous and when he/she can’t
- Court tackles ‘church plan,’ ‘self-reporting’ case
- Court parses difference between residual disability and total disability
- Court too quick to allow in report
- Diminished work ability does not have to be total for total disability finding
- Courts differ over weighing pain credibility
- Misuse of occupational titles dictionary draws judge’s ire
- Insurers not living up to ERISA duties
- Judge takes insurer to task for denying claimant with MS
- Why it’s important to ‘make your record’
- Disability benefits cannot be terminated without an explanation
- Amputation cause is case law worth reading
- How to challenge a disability insurance denial?
- Does being able to work part time cut the right to disability benefits?
- Federal court argues for right to jury to pursue ERISA claims
- A primer on behavioral health residential treatment cases
- High court decision provides some guidance on ERISA limitations periods
- Disability due to pain is difficult to prove
- Deficient vocational review leads to remand
- A lesson in disgorgement
- Scope of ERISA and occupation-specific disability
- What is the meaning of “regular occupation” in a disability insurance policy?
- Should claimants be allowed to depose ERISA Plan Administrators?
- Third Circuit works through occupation-specific disability definition
- Divided court backs denial of accidental death claim
- Is death resulting from autoerotic asphyxiation a self-inflicted injury?
- Two points of view on offset for veteran and disability benefits
- Insurer’s bid to use videotape to halt disability benefits finds no takers
- Accidental death ruling highlights flaw in ERISA deference
- Social media no substitute for sound medical records
- Court report looks at issue of filing suits under pseudonyms
- Court OKs disability claim by attorney with chronic pain
- Post-Traumatic Stress Disorder and LTD benefits
- Remands as final judgments? Court dismisses ERISA case
- Disability insurance bars pre-existing conditions
- Insurers send payments directly to patients depriving providers of reimbursement for services
- Court finds for insured in absence of examination
- Insurer’s exclusion for outdoor mental health programs rejected
- McCutchen may influence other court decisions
- Mental health insurer guideline ruling may become national template
- Does suicide make a life insurance policy void?
- Is there a duty to investigate?
- Defining ‘full and fair’ review of disability benefits claim
- How you talk to your doctor matters
- Federal court rejects remand request
- Returning to work post-injury doesn’t invalidate disability claim
- What are pre-existing conditions?
- Return to work can create benefits controversy
- Credibility important element when seeking disability claim
- Disability claims and complex regional pain syndrome
- Federal court explains why ERISA governs insurance benefit disputes
- Ruling holds cause of disability not necessary to claim benefits
- The problem with pain
- Clearing up questions left by DOMA ruling
- ‘Substantial compliance’ not a valid excuse for tardiness
- Review your employee benefits every three years
- 7th Circuit OKs suits challenging benefit denials
- Federal judge finds insurance giant UnitedHealth violated ERISA law
- 401(k) litigation is rising. What could change?
- Does insurer get offset from VA disability benefits?
- Ambiguous wording in policy costs insurer additional $4M
- Obtaining LTD benefits for Multiple Sclerosis can be complex
- Ruling addresses policy limitations
- Deferential, yes, but certainly not inconsequential
- Is death resulting from autoerotic asphyxiation “accidental”?
- A crucial distinction exists in the types of plans
- Doctor’s visit without treatment no reason to turn down benefits
- The 5th Circuit finally gets de novo review right (somewhat)
- Determining when a cause of action accrues
- The importance of medical records in LTD insurance claims
- Court takes controversial position in Pettaway
- Beware of social media when applying for disability insurance benefits
- Ruling looks at professionals paying for two types of disability coverage
- The importance of ERISA claim appeals in disability benefit claims
- Courts see more accidental death claims
- Mental versus physical disabilities
- Supreme Court reviews ERISA litigation, opens door for overhaul
- Common problems people encounter when seeking long-term care benefits
- How do courts weigh conflicts of interest?
- The complexity of ERISA preemption
- Contingency fee representation uncertain
- What happens when anticipated medical improvement never happens?
- Discovery proves useful in ERISA cases
- HB 1332 provides hope for eating disorders. Contact Governor Rauner to show your support
- Courts consider who can be sued as the defendant
- Headaches and disability
- The challenges in calculating disability benefits
- Worker files lawsuit to fight denial of LTD insurance for PTSD
- Get to the truth on the matter
- Fibromyalgia recognized as a disabling impairment
- Case shows difficulty in assessing impact pain or fatigue has on job
- Speeding triggers crime exclusion in life insurance policy
- Surveillance, social media investigations, and tactics insurance companies use to deny disability insurance claims
- A lesson: Don’t overlook other sources of evidence
- When ERISA preempts state laws for employee benefits
- The Fifth Circuit opens the door to de novo review
- Court says Liberty made decision ‘apparently devoid of reasoning’
- Discovery in ERISA cases
- Converting to cash balance plans can be tricky
- More adults under the age of 55 are experiencing disabling strokes
- Several circuits remain divided over remand orders in ERISA cases
- Can a disability insurer rely on a treating doctor’s outlier opinion?
- Claims within framework of federal civil procedure
- Life insurance incontestability – What is it and how do you deal with it?
- The problem with file reviews in disability benefit cases
- Surprising ruling finds Unum’s interpretation capricious
- “Claims procedure for plans providing disability benefits,” 81 FR 92316
- Applying deferential standard of review in evaluating claims
- Medical complications and accidental death insurance
- 9th Circuit weighs statutory requirement failure
- What is the Employee Benefits Security Administration?
- Deferential review process needs fair standards
- What is the difference between schizophrenia and a schizoaffective disorder in disability benefit cases?
- Court reconsiders remanded benefit case
- Can prevailing defendants in ERISA cases recover attorneys’ fees?
- Approach clarifies benefit claim determinations
- Overcoming the fibromyalgia stigma
- Court looks at critical issues involving syndrome
- Does a co-morbid psychiatric impairment allow a disability insurer to invoke a policy limitation limiting the duration of benefit payments for psychiatric conditions?
- Federal appellate panel addresses insureds disability insurance policy
- Not under a doctor’s care when you file? ‘Not a problem’, court rules
- Federal court says language serves as the key in employment cases
- Obtaining LTD benefits often requires legal help
- Insurance ruling strays from precedent in drunken driving case
- DeBofsky, Sherman & Casciari successfully challenges forum selection clause
- ERISA: A Frankenstein made up of different laws
- New survey shows insurance company bad faith in cancer claims
- The standard of review can affect application of offsets
- Can a discounted premium bill create an ERISA plan?
- Courts examine 24 month mental illness limitation in disability claims
- Insurers must evaluate cognitive/mental demands of an occupation
- Comparing an ERISA benefit to a payroll practice
- How to interpret the “each and every duty” requirement in a disability insurance policy
- Court strays from rules of procedure
- What did you really buy with your long-term care policy?
- How CIGNA handles or mishandles disability claims
- Does your insurance plan cover the latest Hepatitis C treatments?
- Court affirms that plaintiff faces medical condition, not addiction
- When can a Social Security determination be admitted into evidence in an ERISA long-term disability benefit case?
- Court says surveillance an abuse of discretion in disability benefits case
- What is objective medical evidence of disability?
- US Supreme Court will consider issues over employee benefit plans
- The confusion eases over ERISA statutes of limitations
- Recent court rulings show difficulty in determining fee awards
- Another court limits church plan exemption to ERISA
- Appeals panel considers insurers rights
- U.S. Supreme Court tackles Vermont health plans
- Court addresses employee benefits law with regard to misrepresentations
- Finding conflicts of interest
- 9th Circuit ruling shows importance of ERISA standard of review
- How to defeat a pre-existing condition denial
- Why the Supreme Court’s definition of “civil action” should lead to an overhaul of ERISA civil procedure
- What is “appropriate equitable relief”?
- 5 factors give courts help in reviewing ERISA cases
- Aetna and the courts
- Courts struggle with when limitation periods accrue
- Best practices – after a Social Security approval
- A wake-up call to claimants on partial or residual disability
- Ruling points out difficulties of assessing disability
- Department of Labor proposes new regulations for disability benefit claims
- Who decides whether treatment is appropriate?
- “Clear that Aetna’s goal was to deny the plaintiff’s claim”
- Court revisits difficult issue of ‘total disability’
- Intentional infliction of emotional distress and ERISA
- Battle over standard of review likely to continue
- Mental illness and disability
- When a literal reading can be overridden
- Suing under a pseudonym
- 9th Circuit ruling provides greater protection of benefits
- Should I request independent external review of a health benefit denial?
- Clarity needed on contractual periods of limitation
- What does accidental death and dismemberment (AD&D) insurance cover?
- 10th Circuit sticks to ‘review proceeding’
- Headaches, narcotic pain medications, and disability
- Ruling clarifies contractual limitations periods
- Reduction of disability payments by “other income benefits”
- ERISA “full and fair” review of voluntary appeals
- Post-disability earnings – profit distribution or income?
- Payment delays merely encourage denials
- What are pre-disability earnings?
- Claims require an ‘independent decision,’ not a ‘review’
- Releases of employment-related claims may unintentionally release ERISA benefit claims
- The duty to notify of post-employment rights
- A re-examination of ERISA civil procedure
- Efficiency, expediency need to give way to fairness
- The list bill – inadvertently creating an ERISA plan?
- Ruling provides thoughtful primer on discovery
- Unum abused discretion in denying fibromyalgia claim
- Using SSDI applications to screen disability claims
- Long-term care insurance: Tips when coverage fails
- A court wades through how a disability is defined
- 7th Circuit hears oral argument on discretionary clause ban
- Disability claims will falter without specifics
- Job versus occupation
- A ruling that could protect thousands of claimants
- How long may claim appeals be tolled?
- Preexisting conditions: symptoms vs. diagnosis
- Co-morbid impairments (combination of two or more disabling conditions)
- Appeals court clarifies factors for fee awards
- “No good deed goes unpunished”
- Defining ‘disability’ means looking at duties
- Considering impairments in combination
- Occupation review should look into the past
- Quis custodiet ipsos custodes?
- Judge sees importance of discovery ruling
- What is an interpleader?
