Claimant Was Not Disabled Under Any-Occupation Standard, Panel Concludes
SAN FRANCISCO - A disability insurer did not abuse its discretion in terminating a claimant's long-term disability (LTD) benefits because the evidence supports the insurer's finding that the claimant was not totally disabled from performing the duties of any occupation, the Ninth Circuit U.S. Court of Appeals said Jan. 16 (Dyel O. Talbot v. Reliance Standard Life Insurance Co., et al., No. 18-15375, 9th Cir., 2020 U.S. App. LEXIS 1657). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 10, 2020 Category: Medical Law Source Type: news

Disability Claimant Did Not Meet Burden Of Proof, Appeals Panel Affirms
CHICAGO - The Seventh Circuit U.S. Court of Appeals on Feb. 3 affirmed a district court's ruling in favor of a disability insurer after determining that the lower court did not abuse its discretion by limiting its review of a long-term disability (LTD) benefits claim to the administrative record before the court (Stephanie Dorris v. Unum Life Insurance Company of America, No. 19-1701, 7th Cir., 2020 U.S. App. LEXIS 3206). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 10, 2020 Category: Medical Law Source Type: news

Disability Insurer's Denial Of Benefits Was Not Reasonable, Panel Says
ATLANTA - A district court did not err in entering summary judgment in favor of a disability claimant because the evidence supports a finding that the claimant is disabled from practicing as a dentist, the 11th Circuit U.S. Court of Appeals said Jan. 31 (Kia Kaviani, D.M.D. v. Reliance Standard Life Insurance Co., No. 19-11798, 11th Cir., 2020 U.S. App. LEXIS 3006). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 10, 2020 Category: Medical Law Source Type: news

Some Supplementary Responses Are Appropriate In Disability Suit, Judge Says
LEXINGTON, Ky. - A Kentucky federal judge on Dec. 13 partially granted a disability claimant's motion to compel supplementary responses regarding information related to the supervision of the claimant's disability benefits investigation but denied the claimant's motion to compel the deposition of a claims analyst because the claimant failed to meet the court's scheduling deadline for deposition requests (Jennifer Lee Smith v. Hartford Life& Accident Insurance Co., No. 19-61, E.D. Ky., 2019 U.S. Dist. LEXIS 215084). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Disability Claimant Not Permitted To Conduct Extra- Record Discovery, Judge Says
OKLAHOMA CITY - An Oklahoma federal judge on Dec. 6 denied a disability claimant's motion to conduct discovery outside of the administrative record after determining that the claimant failed to carry his burden of proving that the disability insurer's conflict of interest as both claims administrator and claims payer warrants the requested discovery (John Williamson v. Unum Life Insurance Company of America, No. 19-481, W.D. Okla., 2019 U.S. Dist. LEXIS 210631). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Bad Faith Claim Cannot Proceed Without Breach Of Contract, Federal Judge Says
LOUISVILLE, Ky. - A Kentucky federal judge on Dec. 31 granted a disability insurer's motion for summary judgment on a claimant's bad faith claim after determining that the bad faith claim cannot proceed without the breach of contract claim, which was dismissed in a prior ruling by the court (James H. Pogue v. Principal Life Insurance Co., No. 14-599, W.D. Ky., 2019 U.S. Dist. LEXIS 222947). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Disability Claimant Cannot Collect Consequential Damages, Judge Says
MINNEAPOLIS - A Minnesota federal judge on Jan. 3 granted a disability insurer's motion for partial summary judgment after determining that a disability claimant failed to prove that the insurer's termination of disability benefits caused the claimant to sustain consequential damages in the form of lost employer-provided health and life insurance (Matthew J. Christoff v. Paul Revere Life Insurance Co., No. 17-3515, D. Minn., 2020 U.S. Dist. LEXIS 808). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

8th Circuit Affirms Finding That Denial Of STD Claim Was Not Unreasonable
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Dec. 23 affirmed a district court's ruling that the denial of a claim for short-term disability (STD) benefits was not unreasonable after determining that the claimant failed to present a valid basis for reversal (Jacqueline E. Presi v. Ascension Health Alliance, doing business as Ascension, et al., No. 19-1792, 8th Cir., 2019 U.S. App. LEXIS 38198). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Disability Insurer Incorrectly Calculated First Day Of Disability, Judge Concludes
CHICAGO - An Illinois federal judge on Dec. 10 granted a disability claimant's motion for summary judgment after determining that the disability insurer incorrectly calculated the claimant's first day of disability and the salary on which his long-term disability (LTD) benefits should be based (Harlan Ten Pas v. The Lincoln National Life Insurance Co., No. 18-3694, N.D. Ill., 2019 U.S. Dist. LEXIS 212284). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Disability Insurers Did Not Breach Contract; Mental Limitation Properly Applied
NEW ORLEANS - A Louisiana federal judge on Dec. 13 dismissed a disability claimant's complaint after determining that the disability insurers did not breach their insurance policies by limiting the claimant's benefits to 24 months under the policies' 24-month limitation provision for mental disorders (Allan Cougle v. Berkshire Life Insurance Company of America, et al., No. 19-9257, E.D. La., 2019 U.S. Dist. LEXIS 215019). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Insurer's Termination Of Disability Benefits Based On Substantial Evidence
ST. LOUIS - A district court properly entered judgment for a disability insurer because the insurer did not wrongfully terminate a claimant's long-term disability benefits based on its determination that the claimant's mental illness was not caused by a physical disability, the Eighth Circuit U.S. Court of Appeals said Dec. 16 (Diane Miller v. Hartford Life and Accident Insurance Co., No. 19-1096, 8th Cir., 2019 U.S. App. LEXIS 37168). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Disability Claimant Met Plan Requirements To Qualify For Benefits
ANN ARBOR, Mich. - A disability claimant is entitled to short-term disability and long-term disability benefits because the claimant proved by a preponderance of the evidence that she met all four conditions listed in the disability plan to qualify for benefits, a Michigan federal judge said Dec. 17 (Brenda Counts v. United of Omaha Life Insurance Co., No. 18-12312, E.D. Mich., 2019 U.S. Dist. LEXIS 216274). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Former NFL Player's Suit Seeking Additional Disability Benefits Dismissed
SAN JOSE, Calif. - A California federal judge on Jan. 3 dismissed a former National Football League (NFL) player's complaint seeking additional disability benefits because the complaint fails to state a claim upon which relief can be granted and because the issue of the denial of benefits was litigated in a previous suit filed by the former player (Delvin Williams v. The NFL Player Supplemental Disability Plan et al., No. 19-4236, N.D. Calif., 2020 U.S. Dist. LEXIS 1551). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

District Court Correctly Found Disability Claimant Is Not Entitled To Benefits
NEW YORK - A disability claimant is not entitled to benefits under his former employer's disability plan because the claimant failed to show that he sustained a 20 percent or more reduction in income as a result of a disability or that there was a causal connection between his disability and the termination of his employment, the Second Circuit U.S. Court of Appeals affirmed Dec. 13 (Joseph Sevely v. The Bank of New York Mellon Corporation Long Term Disability Plan, et al., No. 18-3247, 2nd Cir., 2019 U.S. App. LEXIS 36854). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Plan Did Not Abuse Discretion In Terminating Disability Benefits, Panel Says
SAN FRANCISCO - A district court did not err in applying an abuse-of-discretion standard of review in a disability suit because the plan administrator's conduct did not rise to the level of requiring a de novo review of the plan's denial of benefits, the Ninth Circuit U.S. Court of Appeals said Dec. 10 in affirming the lower court's finding that the plan did not abuse its discretion in terminating the disability claimant's benefits (Olga Gorbacheva v. Abbott Laboratories Extended Disability Plan, et al., Nos. 18-15400, 18-16178, 9th Cir., 2019 U.S. App. LEXIS 36542). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news