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Termination Of LTD Benefits Was Not Arbitrary, Capricious, Judge Says
COLUMBIA, Tenn. - A Tennessee federal judge on Nov. 22 adopted a magistrate judge's recommendation that a disability plan's motion for judgment on the administrative record be granted because the disability plan administrator's termination of long-term disability (LTD) benefits was not arbitrary and capricious (Danny J. Sexton v. Ohio Valley Electric Corp. et al. No. 18-35, M.D. Tenn., 2019 U.S. Dist. LEXIS 203323). (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

Termination Of LTD Benefits Supported By Substantial Evidence
LAFAYETTE, La. - The termination of a disability plan participant's long-term disability benefits was not arbitrary and capricious, a Louisiana federal judge said Nov. 12, because the decision to terminate benefits was supported by substantial evidence (Jerry Courville v. Life Insurance Company of North America et al., No. 18-1133, W.D. La., 2019 U.S. Dist. LEXIS 197469). (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 Considered Treating Physicians' Opinions, Federal Judge Says
COLUMBUS, Ohio - A disability insurer's denial of long-term disability (LTD) benefits was not arbitrary and capricious because the insurer considered the opinions of the claimant's treating physicians in addition to the insurer's independent reviewers, an Ohio federal judge said Nov. 15 in denying the claimant's motion for judgment on the administrative record (Daniel M. Wehner v. Standard Insurance Co., No. 18-982, S.D. Ohio, 2019 U.S. Dist. LEXIS 198660). (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 Failed To Prove Disability During Elimination Period, Panel Says
ATLANTA - A disability insurer's denial of long-term disability benefits was not wrong because the disability claimant failed to prove that he was disabled from his own occupation throughout the entire elimination period as required by the disability policy, the 11th Circuit U.S. Court of Appeals said Nov. 22 in affirming a district court's judgment in favor of the insurer (Keyton Benson v. Hartford Life and Accident Insurance Co., No. 18-14835, 11th Cir., 2019 U.S. App. LEXIS 34810). (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 Met Burden Of Proving He Remained Disabled
SAN FRANCISCO - A California federal judge on Nov. 27 granted a disability claimant's motion for judgment on the administrative record after determining that the claimant met his burden of proving that he remained disabled from performing the duties of his sedentary occupation as a project manager (Steven S. Garretson v. Metropolitan Life Insurance Co., No. 17-7052, N.D. Calif., 2019 U.S. Dist. LEXIS 206700). (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's Suit Transferred To Western District Of Louisiana
NEW ORLEANS - A Louisiana federal judge on Oct. 31 granted a disability insurer's motion to transfer a disability claimant's suit seeking long-term disability (LTD) benefits to the U.S. District Court for the Western District of Louisiana after determining that the Western District has more connections to the suit than the Eastern District of Louisiana where the suit was filed (Sandra K. Racca v. The Prudential Insurance Company of America, No. 19-12120, E.D. La., 2019 U.S. Dist. LEXIS 188982). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Disability Claimant Failed To Establish Amount In Controversy Exceeds $75K
NEW ORLEANS - A Louisiana federal judge on Oct. 31 dismissed a disability claimant's suit after determining that the claimant failed to establish that the amount in controversy exceeds the federal jurisdictional minimum of $75,000 and that the employee welfare plan is a governmental plan that is exempt from the Employee Retirement Income Security Act (Mary Beth Chauvin v. Symetra Life Insurance Co., No. 19-10493, E.D. La., 2019 U.S. Dist. LEXIS 189596). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Disability Plan's Forum- Selection Clause Valid, North Carolina Federal Judge Says
RALEIGH, N.C. - A forum-selection clause in a short-term disability policy is valid and enforceable, a North Carolina federal judge said Oct. 28 in granting a disability plan's motion to transfer venue of a disability claimant's suit to Wisconsin federal court (Kydra Manuel-Clark v. ManpowerGroup Short-Term Disability Plan, No. 19-147, E.D. N.C., 2019 U.S. Dist. LEXIS 185805). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Disability Claimant's Allegations Are Preempted Under ERISA, Judge Says
ASHLAND, Ky. - A Kentucky federal judge on Oct. 3 granted a disability insurer's motion to dismiss after determining that all of the claims alleged against the insurer arise out of its handling of a disability claim and, therefore, are preempted by the Employee Retirement Income Security Act (Lorey Lowe v. Lincoln National Life Insurance Corp., et al., No. 19-31, E.D. Ky., 2019 U.S. Dist. LEXIS 171691). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Arbitrary, Capricious Standard Of Review Applies, Kentucky Federal Judge Says
LEXINGTON, Ky. - An arbitrary and capricious standard of review must be applied in a disability suit because the disability plan clearly provided the insurer with discretionary authority, a Kentucky federal judge said Oct. 11 (Jennifer Lee Smith v. Hartford Life& Accident Insurance Co., No. 19-61, E.D. Ky., 2019 U.S. Dist. LEXIS 176874). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Disability Insurer's Denial Of Benefits Supported By Evidence, Judge Determines
SAN JOSE, Calif. - A disability claimant failed to prove that he was disabled from his own occupation as a result of sickness or injury according to the plan's terms, a California federal judge said Nov. 6 after applying a de novo standard of review based on a remand order issued by the Ninth Circuit U.S. Court of Appeals (Robert Gordon v. Metropolitan Insurance Co., No. 10-5399, N.D. Calif., 2019 U.S. Dist. LEXIS 193142). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Negligence, Misrepresentation Claims To Proceed In Disability Benefits Dispute
KANSAS CITY, Mo. - A disability claimant's negligence and misrepresentation allegations against an insurance broker can proceed because the broker owes an independent duty to the disability claimant, a Kansas federal judge said in refusing to dismiss the misrepresentation and negligence claims (Robert P. Garver v. Principal Life Insurance Co. et al., No. 19-2354, D. Kan., 2019 U.S. Dist. LEXIS 180603). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Federal Magistrate Judge Says Disability Plan Did Not Abuse Its Discretion
SACRAMENTO, Calif. - A California federal magistrate judge on Nov. 1 recommended that judgment be entered in favor of a disability claim because the denial of a claim for an extension of short-term disability (STD) benefits was not an abuse of discretion and is supported by the medical evidence (Jerome Clay v. AT&T Umbrella Benefit Plan No. 3, No. 17-749, E.D. Calif., 2019 U.S. Dist. LEXIS 190308). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Disability Claimant's Suit Dismissed With Prejudice Per Parties' Request
LAS VEGAS - Following the Ninth Circuit U.S. Court of Appeals' decision to remand a disability claimant's suit to consider the source of the claimant's disability, a Nevada federal judge on Oct. 29 granted the parties' stipulation for dismissal of the suit with prejudice (Miae Decovich v. Venetian Casino Resort LLC, et al., No. 11-872, D. Nev.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Disability Claimant Says Termination Of Benefits Was Breach Of Contract
FRESNO, Calif. - A disability insurer acted in bad faith and breached its contract in terminating a claimant's long-term disability (LTD) benefits because the insurer's termination was not reasonable and not based on reliable medical evidence, the claimant alleges in an Oct. 15 complaint filed in California federal court (Jennifer Sims v. Life Insurance Company of North America, No. 19-1460, E.D. Calif.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news