LexisNexis® Mealey's™ Disability Insurance Legal News This is an RSS file. You can use it to subscribe to this data in your favourite RSS reader or to display this data on your own website or blog.

Panel Says Denial Of LTD Benefits Was Reasonable Based On Evidence
BOSTON - A disability plan did not act arbitrarily and capriciously in denying a claim for long-term disability (LTD) benefits because the plan's decision to deny the claim after determining that the claimant was not physically disabled from performing the duties of his sedentary occupation was reasonable and supported by the evidence, the First Circuit U.S. Court of Appeals said March 29 (Dionisio Santana-Diaz v. Metropolitan Life Insurance Co., No. 17-1428, 1st Cir., 2019 U.S. App. LEXIS 9368). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2019 Category: Medical Law Source Type: news

Denial Of Attorney Fees In Disability Suit Must Be Reversed, Panel Majority Says
CINCINNATI - A district court erred in denying a disability claimant's request for attorney fees because the disability insurer's decision-making process in denying benefits was not legally supported, the majority of the Sixth Circuit U.S. Court of Appeals said April 1 in reversing the lower court's ruling (Kimberly J. Guest-Marcotte v. Life Insurance Company of North America, et al., No. 18-1948, 6th Cir., 2019 U.S. App. LEXIS 9481). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2019 Category: Medical Law Source Type: news

Additional Discovery Is Warranted In Disability Benefits Suit, Judge Says
SEATTLE - A Washington federal judge on March 6 granted a disability claimant's motion to compel additional discovery after determining that additional discovery into the credibility of the disability insurer's previous and current medical reviewers is necessary because the insurer relied on a fake doctor's report in denying the initial claim for benefits (Penelope Benis v. Reliance Standard Health Insurance Co., No. 18-164, W.D. Wash., 2019 U.S. Dist. LEXIS 36008). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news

Disability Claimant's Suit Dismissed For Failure To File Within 180 Days
ST. LOUIS - A disability claimant's suit alleging wrongful denial of short-term disability (STD) benefits must be dismissed because the claimant failed to file the suit within 180 days after the denial of her appeal as required by the plan, a Missouri federal judge said March 4 (Tiffany Ausler v. Aetna Life Insurance Co., No. 18-315, E.D. Mo., 2019 U.S. Dist. LEXIS 33486). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news

1st Circuit Affirms Ruling In Favor Of Disability Plan In ERISA Dispute
BOSTON - The First Circuit U.S. Court of Appeals on Feb. 20 affirmed a federal district court's ruling in favor of a disability plan, rejecting a claimant's contention that the plan was not prejudiced by a 47-day delay in the filing of her appeal (Theresa Fortier v. Hartford Life and Accident Insurance Company, No. 18-1752, 1st Cir., 2019 U.S. App. LEXIS 4917). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news

Denial Of Disability Benefits Claim Was Not Abuse Of Discretion, Judge Determines
LITTLE ROCK, Ark. - The denial of a claim for long-term disability (LTD) benefits was not an abuse of discretion because the plan's independent medical experts and the claimant's treating physicians all determined that the claimant was capable of performing work that would pay at least half of the claimant's pre-disability earnings, an Arkansas federal judge said Feb. 20 (Spencer L. Davis v. AT&T Umbrella Benefit Plan No. 3, No. 18-341, E.D. Ark., 2019 U.S. Dist. LEXIS 26655). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news

Judge: MetLife's LTD Determination Was 'Made In Arbitrary And Capricious Manner'
NEW YORK - A New York federal judge on Feb. 15 remanded the determination of a Morgan Stanley employee's long-term disability (LTD) benefits to Metropolitan Life Insurance Co., noting that it "is time for MetLife to do its job" by providing a "full and fair review" of the employee's claim that his benefits eligible earnings (BEE) is too low (Vincent Ricciardi v. Metropolitan Life Insurance Company, et al., No. 16-3805, S.D. N.Y., 2019 U.S. Dist. LEXIS 25240). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news

Disability Benefits Reinstated; Termination Was Arbitrary, Capricious, Judge Says
NASHVILLE, Tenn. - A Tennessee federal judge on March 5 reinstated a disability claimant's benefits after determining that the insurer acted arbitrarily and capriciously in terminating the benefits because the evidence does not support a finding that the claimant is capable of earning 50 percent of his pre-disability salary as required by the plan (Gary Carty v. Metropolitan Life Insurance Co., et al., No. 15-1186, M.D. Tenn., 2019 U.S. Dist. LEXIS 35992). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news

11th Circuit Upholds Ruling Finding Woman's Claim For Future Benefits Premature
ATLANTA - A woman's request for a declaration from her life insurance company that she is entitled to future total disability benefits under a policy governed by the Employee Retirement Income Security Act was properly dismissed by a federal judge in Florida, an 11th Circuit U.S. Court of Appeals panel ruled Feb. 8, holding that there is no ripe claim without an adverse determination by the insurer (Theresa Peer v. Life Liberty Assurance Co., No. 18-13173, 11th Cir., 2019 U.S. App. LEXIS 3956). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news

Bad Faith Claim Dismissed; Classification Of Disability Was Not Made In Bad Faith
COLUMBUS, Ohio - A bad faith claim cannot stand because the insured failed to prove that the defendant insurers acted in bad faith in classifying the insured's disability as being caused by a sickness rather than an injury, an Ohio federal judge said Feb. 19 (Mukesh R. Shah, M.D. v. Metropolitan Life Insurance Co., et al., No. 16-1124, S.D. Ohio, 2019 U.S. Dist. LEXIS 25695). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news

Disability Plan Administrator Considered All Evidence Before Denying Claim
DETROIT - A disability plan administrator did not act arbitrarily or capriciously in denying a claim for long-term disability (LTD) benefits because the plan administrator reviewed all of the medical evidence before reasonably concluding that the claimant was not totally or permanently disabled, the Michigan Court of Appeals said Feb. 21 (Amy Clements v. University of Michigan Regents, No. 341114, Mich. App., 2019 Mich. App. LEXIS 323). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news

Summary Judgment Ruling On Tort Claims In Bad Faith Dispute Upheld
CINCINNATI - A federal district court did not abuse its discretion in sua sponte dismissing an insured's bifurcated tort claims against his long-term disability insurance provider because the insured failed to submit all of his evidence in support of his claims in responding to the insurer's motion for summary judgment on the insurer's breach of contract claim, a Sixth Circuit U.S. Court of Appeals panel affirmed Feb. 7 (James H. Pogue v. Northwestern Mutual Life Insurance Co., No. 18-5291, 6th Cir., 2019 U.S. App. LEXIS 3943). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news

Termination Of LTD Benefits Supported By Substantial Evidence, Panel Determines
ST. LOUIS - A disability insurer did not abuse its discretion in terminating a claimant's long-term disability benefits because the insurer's termination was supported by substantial evidence that the claimant may have been attempting to appear more cognitively impaired than he actually was during the medical examinations ordered by the insurer, the Eighth Circuit U.S. Court of Appeals said Feb. 25 (John Johnston v. Prudential Insurance Company of America, No. 17-3415, 8th Cir., 2019 U.S. App. LEXIS 5407). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news

Denial Of Short-Term Disability Benefits Was Not Arbitrary, Capricious
CLEVELAND - A disability insurer's denial of short-term disability (STD) benefits was not arbitrary and capricious because the denial was supported by substantial evidence, an Ohio federal judge said Feb. 21 (Christopher Draper v. Aetna Life Insurance Co., No. 18-1321, N.D. Ohio, 2019 U.S. Dist. LEXIS 27672). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news

Evidence Supports Finding That Claimant Was Not Disabled From Own Occupation
NEW ORLEANS - A Louisiana federal judge on Feb. 21 granted a disability insurer's motion for summary judgment after determining that the insurer did not abuse its discretion in finding that the claimant was not disabled from performing the duties of her own occupation as an attorney because the objective medical evidence clearly supports the insurer's finding (Anne Wittmann v. Unum Life Insurance Company of America, No. 17-9501, E.D. La., 2019 U.S. Dist. LEXIS 27510). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news