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Orthopedic Surgeon Not Entitled To Total Disability Benefits, Judge Determines
NEW YORK - A New York federal judge on Jan. 3 granted a disability insurer's motion for summary judgment and denied a disability claimant's motion for summary judgment after determining that an orthopedic surgeon is not entitled to total disability benefits for the periods in which he returned to work because he was still able to complete the majority of his responsibilities as an orthopedic surgeon even though he was unable to perform surgeries (Richard Sternberg v. Paul Revere Life Insurance Co., No. 17-8523, S.D. N.Y., 2020 U.S. Dist. LEXIS 1718). (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

Claimant Failed To Prove Disability Prevented Him From Working, Judge Says
TACOMA, Wash. - A disability insurer did not wrongfully deny a claim for short-term disability benefits because the disability claimant failed to prove that he was disabled from performing the duties of his own occupation prior to his termination, a Washington federal judge said Dec. 16 (James M. Kollar v. Sun Life Assurance Company of Canada, No. 19-5180, W.D. Wash., 2019 U.S. Dist. LEXIS 215947). (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

Termination Of LTD Benefits Was Not Based On Substantial Evidence
BALTIMORE - A federal judge in Maryland on Dec. 4 granted a disability claimant's motion for summary judgment and reinstated the claimant's benefits after determining that the disability insurer's termination of long-term disability (LTD) benefits was not based on substantial evidence (Dana Krysztofiak v. Boston Mutual Life Insurance Co., No. 19-0879, D. Md., 2019 U.S. Dist. LEXIS 209452). (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 Plan's Appeal Dismissed; Order Was Not Appealable, Panel Says
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Dec. 11 dismissed a disability plan's appeal for lack of jurisdiction after determining that the district court's ruling was not a final decision because the merits of the disability claim have yet to be resolved (Sherry Laake v. Benefits Committee, Western& Southern Financial Group Company Flexible Benefits Plan, et al., No. 19-3233, 6th Cir., 2019 U.S. App. LEXIS 36634). (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

5th Circuit Affirms Ruling That Disability Insurer Did Not Abuse Its Discretion
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Dec. 6 affirmed a district court's ruling that a disability insurer did not abuse its discretion in finding that a 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. 19-30254, 5th Cir., 2019 U.S. App. LEXIS 36311). (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

Panel Says Opinions Of Disability Claimant's Treating Physicians Must Be Considered
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 7 vacated and remanded a disability claimant's suit seeking long-term disability benefits after determining that a district court erred in failing to consider letters from the claimant's treating physicians who were not provided with the opportunity to rebut the opinion of one of the insurer's examining physicians (Lea Wagenstein v. Cigna Life Insurance Co., et al., No. 18-55955, 9th Cir., 2020 U.S. App. LEXIS 482). (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

Attorney Fees Awarded To Disability Claimant Based On Success On Merits
SALT LAKE CITY - A Utah federal judge on Nov. 21 awarded a disability claimant attorney fees after determining that the claimant's success on the merits of a long-term disability (LTD) benefits claim warrants the award of attorney fees (Don Foust v. Lincoln National Life Insurance Co., No. 17-1208, D. Utah, 2019 U.S. Dist. LEXIS 202915). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 10, 2019 Category: Medical Law Source Type: news

Federal Jurisdiction Does Not Exist; Disability Suit Remanded To State Court
SAN FRANCISCO - A California federal magistrate judge on Nov. 15 remanded a disability claimant's suit after determining that diversity of jurisdiction does not exist because a negligence claim asserted against the insurance agency that sold the disability policies to the claimant may not be time-barred under California law (Mark Bennett, D.D.S. v. Ohio National Life Assurance Corp., et al., No. 19-5774, N.D. Calif., 2019 U.S. Dist. LEXIS 198719). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 10, 2019 Category: Medical Law Source Type: news

Discovery In Disability Suit Is Not Warranted, California Federal Judge Determines
OAKLAND, Calif. - A California federal judge on Nov. 25 denied a disability claimant's request to conduct discovery after determining that the claimant failed to prove that additional evidence is necessary to conduct an adequate de novo review (Natalya Vigdorchik v. Liberty Life Assurance Company of Boston, et al., No. 19-3891, N.D. Calif., 2019 U.S. Dist. LEXIS 204512). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 10, 2019 Category: Medical Law Source Type: news

Nondisclosure Of Private Health Information Outweighs Public Interest, Judge Says
COLUMBUS, Ohio - An Ohio federal magistrate judge on Nov. 25 granted a disability insurer's request to file a plan participant's claim file under seal because the nondisclosure of the plan participant's private health information outweighs any public interest in the breach of contract and bad faith suit filed against the disability insurer (Barbara Cluck v. Unum Life Insurance Company of America, No. 18-56, S.D. Ohio, 2019 U.S. Dist. LEXIS 203849). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 10, 2019 Category: Medical Law Source Type: news

Federal Judge Says NFL Player's Equitable Estoppel Claim Must Be Dismissed
TAMPA, Fla. - A Florida federal judge on Nov. 12 dismissed a former National Football League player's equitable estoppel claim in a suit seeking additional disability benefits after determining that the player failed to prove that the equitable estoppel claim falls into a limited circumstance under the Employee Retirement Income Security Act as set forth by the 11th Circuit U.S. Court of Appeals (Tyrone Keys v. Bert Bell/Pete Rozelle NFL Player Retirement Plan, et al., No. 18-2098, M.D. Fla., 2019 U.S. Dist. LEXIS 195505). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 10, 2019 Category: Medical Law Source Type: news

Disability Administrator Abused Discretion In Denying LTD Claim, Panel Says
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Nov. 19 remanded a long-term disability (LTD) benefits claim to the plan administrator after determining that the plan administrator abused its discretion in denying benefits based on the one-week waiting period required by the plan (Michael Alves v. Hewlett-Packard Comprehensive Welfare Benefits Plan, et al., No. 18-55819, 9th Cir., 2019 U.S. App. LEXIS 34362). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 10, 2019 Category: Medical Law Source Type: news

Judge Dismisses Disability Plan From Suit Pursuant To Parties' Stipulation
SACRAMENTO, Calif. - A California federal judge on Nov. 8 dismissed a long-term disability plan from a disability claimant's suit seeking long-term disability benefits based on a stipulation submitted to the court by the parties (Lydia Kahler v. Hartford Life& Accident Insurance Co., et al., No. 19-1913, E.D. Calif., 2019 U.S. Dist. LEXIS 195381). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 10, 2019 Category: Medical Law Source Type: news

Disability Claimant Files Suit Seeking Past, Future LTD Benefits Under Plan
ALEXANDRIA, Va. - A disability claimant filed suit Nov. 13 in Virginia federal court seeking a declaration that she is entitled to past and future long-term disability (LTD) benefits under a plan issued by her employer (Amanda Taylor v. Life Insurance Company of North America, No. 19-1443, E.D. Va.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 10, 2019 Category: Medical Law Source Type: news

Disability Insurer Did Not Breach Contract Or Act In Bad Faith In Denying Benefits
SACRAMENTO, Calif. - A disability claimant failed to prove that a disability insurer breached its contract or acted in bad faith in denying any-occupation disability benefits, a California federal judge said Nov. 21 in granting summary judgment in favor of the insurer (Loretta Bruce v. Hartford Life& Accident Insurance Co., No. 17-2201, E.D. Calif., 2019 U.S. Dist. LEXIS 202511). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 10, 2019 Category: Medical Law Source Type: news