Denial Of Disability Benefits Not Supported By Medical Evidence, Judge Says
OAKLAND, Calif. - A California federal judge on Dec. 5 granted a disability claimant's motion for summary judgment after determining that the disability insurer's denial of long-term disability (LTD) benefits is not supported by the medical evidence (Dale Holmgren v. Sun Life and Health Insurance Co., No. 17-3028, N.D. Calif., 2018 U.S. Dist. LEXIS 205649). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 17, 2018 Category: Medical Law Source Type: news

Plan's Termination Of Benefits Was Not Abuse Of Discretion, Panel Says
ST. LOUIS - A district court did not err in granting summary judgment in favor of a disability plan because the plan's termination of benefits was not an abuse of discretion and was reasonable based on the medical evidence, the Eighth Circuit U.S. Court of Appeals said Dec. 6 (Gary Leirer v. The Proctor& Gamble Disability Benefit Plan, et al., No. 17-3426, 8th Cir., 2018 U.S. App. LEXIS 34406). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 17, 2018 Category: Medical Law Source Type: news

Disability Suit Must Be Transferred From New Jersey To Tennessee Federal Court
NEWARK, N.J. - A disability claimant's suit alleging wrongful denial of long-term disability (LTD) benefits must be transferred from New Jersey federal court to Tennessee federal court because the alleged breach of the terms of the plan occurred in Tennessee and the parties' interests weigh in favor of transfer to Tennessee federal court, a New Jersey federal magistrate judge said Oct. 31 (Wesley Gonce v. Prudential Insurance Company of America, No. 18-8662, D. N.J., 2018 U.S. Dist. LEXIS 186905). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 13, 2018 Category: Medical Law Source Type: news

Disability Insurer Ordered To Produce Information Related To Reviewing Physicians
NEW YORK - A disability insurer must produce the salaries paid to its reviewing physicians in addition to the curriculum vitae for each reviewing physician because the information is relevant to the determination of whether the insurer's denial of a long-term disability claim was reasonable, a New York federal magistrate judge said Nov. 6 (Michele Weinberg v. Unum Life Insurance Company of America, No. 17-8976, S.D. N.Y., 2018 U.S. Dist. LEXIS 189792). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 13, 2018 Category: Medical Law Source Type: news

Judge Grants Motion To Exclude Documents Filed After Claimant Initiated Suit
NEW ORLEANS - A Louisiana federal judge on Oct. 31 granted a disability claimant's motion to exclude documents generated after a lawsuit was filed against the disability insurer because the administrative record closed after the claimant filed suit (Anne Wittmann v. Unum Life Insurance Company of America, No. 17-9501, E.D. La., 2018 U.S. Dist. LEXIS 186064). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 13, 2018 Category: Medical Law Source Type: news

Judge Strikes Claimant's Exhibit, Says Letter Is Not Part Of Administrative Record
CAPE GIRARDEAU, Mo. - A Missouri federal judge on Oct. 24 granted a disability insurer's motion to strike a letter offered as an exhibit to a claimant's complaint after determining that the letter, which states that the claimant's disability was not caused by a pre-existing condition, is not part of the administrative record because the claimant failed to provide the letter to the insurer during the administrative appeal process (Stacey Waite v. Sun Life Assurance Co., No. 18-208, E.D. Mo., 2018 U.S. Dist. LEXIS 182354). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 13, 2018 Category: Medical Law Source Type: news

Disability Claimant Failed To Prove That Exhaustion Of Remedies Would Be Futile
SIOUX CITY, Iowa - An Iowa federal judge on Oct. 16 granted a disability insurer's motion to dismiss a claim alleging wrongful denial of long-term disability (LTD) benefits because the claimant failed to exhaust all administrative remedies under the LTD policy and failed to prove that exhaustion would be futile (Brandy J. Sievers v. United of Omaha Life Insurance Co., No. 18-3048, N.D. Iowa, 2018 U.S. Dist. LEXIS 177259). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 13, 2018 Category: Medical Law Source Type: news

Disability Claimant Awarded $20,000 In Attorney Fees Incurred As A Result Of Appeal
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Oct. 4 awarded a disability claimant $20,000 in attorney fees incurred in his appeal over a dispute regarding the claimant's entitlement to own-occupation long-term disability (LTD) benefits (Dave Nagy v. Group Long Term Disability Plan for Employees of Oracle America Inc., et al., Nos. 16-16160, 9th Cir., 2018 U.S. App. LEXIS 28166). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 13, 2018 Category: Medical Law Source Type: news

Supplemental Plan Is Governed By ERISA, 3rd Circuit Determines
PHILADELPHIA - A supplemental disability plan offered by a disability claimant's former employer is governed under the Employee Retirement Income Security Act because the claimant failed to prove that a reasonable employee would view the supplemental plan as a third-party offering not affiliated with the employer, the Third Circuit U.S. Court of Appeals said Oct. 5 (Kevin M. McCann, M.D. v. Unum Provident, et al., No. 16-2014, 3rd Cir., 2018 U.S. App. LEXIS 29638). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 13, 2018 Category: Medical Law Source Type: news

Federal Judge Grants Disability Insurer's Motion For Judgment On Pleadings
BOSTON - A Massachusetts federal judge on Oct. 16 granted a disability insurer's motion for judgment on the pleadings in a U.S. Army veteran's class action alleging that the insurer wrongfully offset disability benefits payable under its policy by disability benefits received from the U.S. Department of Veterans Affairs after determining that the remaining claims cannot stand based on the court's prior ruling that the offset was permitted under the plan (Marco Martinez v. Sun Life Assurance Company of Canada, No. 16-12154, D. Mass., 2018 U.S. Dist. LEXIS 178188). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 13, 2018 Category: Medical Law Source Type: news

Medical Evidence Supports Disability Plan's Limitation Of Benefits, Judge Says
WASHINGTON, D.C. - A disability insurer's conclusion that a claimant suffered from chronic fatigue syndrome, which limited long-term disability benefits to 24 months, and not from symptoms of Lyme disease was not unreasonable based on the medical evidence in the administrative record, a District of Columbia federal judge said Nov. 7 (Wesley Loucka v. Lincoln National Life Insurance Co., No. 17-1375, D. D.C., 2018 U.S. Dist. LEXIS 190935). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 13, 2018 Category: Medical Law Source Type: news

Disability Claimant's Benefits Were Not Wrongfully Terminated, Judge Says
MINNEAPOLIS - A claimant's long-term disability (LTD) benefits were not wrongfully terminated because the record shows that the evidence supports the plan's determination that the claimant was not disabled from working in any occupation, a Minnesota federal judge said Oct. 9 (Doris Rogers v. Eaton Corp., et al., No. 17-4391, D. Minn., 2018 U.S. Dist. LEXIS 173580). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 13, 2018 Category: Medical Law Source Type: news

Magistrate: Termination Of LTD Benefits Was Reasonable Based On Evidence
SALT LAKE CITY - A Utah federal magistrate judge on Oct. 9 denied a disability claimant's motion for summary judgment after determining that the disability insurer's termination of long-term disability (LTD) benefits was reasonable and is supported by substantial evidence (Jon E. Sadler v. United of Omaha Life Insurance Co., No. 17-979, D. Utah, 2018 U.S. Dist. LEXIS 174428). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 13, 2018 Category: Medical Law Source Type: news

Disability Insurer Did Not Breach Policy Terms, Judge Says In Dismissing Complaint
UTICA, N.Y. - A disability claimant's breach of contract suit must be dismissed because the disability insurer did not breach the terms of the long-term disability (LTD) policy when it terminated the claimant's benefits at age 65, a New York federal judge said Oct. 30, noting that the insurer paid the maximum period of payment per the terms of the policy (Vincent J. Krocka v. Mutual of New York Insurance Co., No. 18-830, N.D. N.Y., 2018 U.S. Dist. LEXIS 185173). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 13, 2018 Category: Medical Law Source Type: news

Termination Of Disability Benefits Did Not Amount To Bad Faith, Judge Says
WILLIAMSPORT, Pa. - A Pennsylvania federal judge on Nov. 2 granted a motion for summary judgment filed by the insurers in a disability dispute after determining that the claimant failed to prove that the termination of his benefits was unreasonable and made in bad faith (Dr. Robert Brugler v. Unum Group, et al., No. 15-1031, M.D. Pa., 2018 U.S. Dist. LEXIS 187836). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 13, 2018 Category: Medical Law Source Type: news