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.

Pre-Existing Condition Exclusion Bars LTD Benefits For Drug Dependence
ATLANTA - A disability insurer's denial of a long-term disability claim for substance abuse was not arbitrary and capricious because the medical evidence supports the insurer's finding that the pre-existing condition exclusion applied as a bar to benefits, the 11th Circuit U.S. Court of Appeals said Nov. 7 (Anthony J. Ferrizzi v. Reliance Standard Life Insurance Co., No. 18-11803, 11th Cir., 2019 U.S. App. LEXIS 33350). (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 Entitled To STD Benefits, Wisconsin Federal Judge Determines
MADISON, Wis. - A Wisconsin federal judge on Oct. 29 awarded a disability claimant short-term disability (STD) benefits after determining that a disability insurer failed to consider all of the job duties required of the claimant, rather than the modified job duties performed by the claimant, when it denied her claim for benefits (Catherine A. Mathews v. The Northwestern Mutual Life Insurance Co., No. 18-46, W.D. Wisc., 2019 U.S. Dist. LEXIS 186986). (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

Judgment Properly Entered For Disability Insurer, 9th Circuit Panel Says
SAN DIEGO - A district court did not err in entering judgment in favor of a disability insurer because the disability claimant failed to prove that she was unable to perform the duties of her own occupation while she was still employed by her former employer and because the district court properly considered all of the claimant's evidence, the Ninth Circuit U.S. Court of Appeals said Oct. 18 (Kelly Demko v. Unum Life Insurance Company of America, No. 18-55428, 9th Cir., 2019 U.S. App. LEXIS 31102). (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

6th Circuit Majority Says Disability Insurer's Benefits Denial Was Not Reasonable
CINCINNATI - The majority of a Sixth Circuit U.S. Court of Appeals panel on Oct. 31 vacated a district court's judgment in favor of a disability insurer after determining that the insurer's denial of disability benefits was arbitrary and capricious because the insurer's decision was not the result of a deliberate, principled reasoning process regarding the claimant's ability to perform her job as a nurse (Susan Card v. Principal Life Insurance Co., No. 18-6095, 6th Cir., 2019 U.S. App. LEXIS 32573). (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 Prove She Is Disabled From Performing Any Occupation
COVINGTON, Ky. - A Kentucky federal judge on Nov. 5 denied a disability claimant's motion for judgment on the administrative record after determining that the claimant failed to prove that she is incapable of performing any reasonable occupation as defined by the disability plan (Lisa Meiman v. Aetna Life Insurance Co., No. 18-75, E.D. Ky., 2019 U.S. Dist. LEXIS 191448). (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

Termination Of LTD Benefits Was Not Arbitrary, Capricious, Federal Judge Says
LAFAYETTE, La. - A disability insurer's termination of disability benefits based on its finding that the claimant was not disabled from any occupation was not arbitrary and capricious because the insurer considered the opinion of the claimant's treating physician and the insurer based its decision on substantial medical evidence, a Louisiana federal judge said Nov. 5 (Darrell Goodman v. Reliance Standard Life Insurance Co., No. 18-623, W.D. La., 2019 U.S. Dist. LEXIS 193123). (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

Taxes Must Be Deducted From Disability Claimant's Settlement, Judge Says
HUNTINGTON, W.Va. - A West Virginia federal judge on Sept. 25 denied a disability claimant's motion to enforce a settlement without a deduction for applicable tax withholding after determining that the plan at issue and the Internal Revenue Service require that taxes be withheld from the settlement amount because the settlement clearly qualifies as replacement wages for tax purposes (Noel Jordan v. AT&T Integrated Disability Service Center Disability Plan, et al., No. 18-94, S.D. W.Va., 2019 U.S. Dist. LEXIS 164015). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

2nd Circuit Affirms Attorney Fee Award, Finds No Abuse Of Discretion In Reduced Award
NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 10 affirmed a district court's award of attorney fees to a disability claimant after determining that the lower court did not err in reducing the hourly rate for the award of attorney fees because the claimant's counsel failed to show that the requested hourly rates are the prevailing rates for the district in which the law firm is located (Janet Solnin v. Sun Life and Health Insurance Co., et al., No. 18-3042, 2nd Cir., 2019 U.S. App. LEXIS 27199). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Disability Claimant's Opinions Are Not Relevant To Breach Of Contract Claim, Judge Says
WILLIAMSPORT, Pa. - A Pennsylvania federal judge on Sept. 17 determined that a disability claimant's opinions on the handling of his claim must be excluded from trial because the claimant's opinions are not relevant to the breach of contract claim and would be prejudicial to the disability insurer and that the claimant's expert witnesses cannot testify as to whether the claimant is disabled from his own occupation as a dentist because the experts do not have sufficient knowledge of the claimant's occupational duties (Dr. Robert Brugler v. Unum Group, et al., No. 15-1031, M.D. Pa., 2019 U.S. Dist. LEXIS 158503). (Source: Le...
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Extra-Record Discovery Request Granted In Disability Dispute
GREENBELT, Md. - A Maryland federal judge on Sept. 5 issued a letter order granting a disability claimant's motion for extra-record discovery after determining that the claimant met her burden of establishing that the administrative record does not provide sufficient evidence to address her claim that the disability insurer's termination of benefits was affected by a conflict of interest (Holly Chughtai v. Metropolitan Life Insurance Co., No. 19-848, D. Md., 2019 U.S. Dist. LEXIS 154304). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Texas Federal Magistrate Says Tortious Interference Claim Should Proceed
AUSTIN, Texas - A Texas federal magistrate judge on Oct. 3 recommended denying a disability insurer's motion to dismiss a claim for tortious interference with a business relationship after determining that the claim is not preempted by the Employee Retirement Income Security Act and that the disability claimant sufficiently alleged facts in support of his claim that the disability insurer interfered with his relationship with a consultant and an attorney who were handling his claim for Social Security disability benefits (Juan Pensado v. Life Insurance Company of North America et al., No. 19-157, W.D. Texas, 2019 U.S. Dist...
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Insured's Claims Related To Disability Payment Are Barred By Statute Of Limitations
SAN DIEGO - A California federal judge on Sept. 17 granted an insurer's motion for judgment on the pleadings after determining that an insured's claims related to an alleged missed disability income payment are barred by the applicable statute of limitations (Renato Openiano v. Hartford Life and Annuity Insurance Co., et al., No. 18-943, S.D. Calif., 2019 U.S. Dist. LEXIS 160005). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Disability Claimant's Suit To Remain In Massachusetts, Federal Judge Says
WORCESTER, Mass. - A Massachusetts federal judge on Sept. 20 denied a motion to transfer a disability claimant's suit to Kansas federal court after determining that the disability insurer defendants failed to prove that private or public interest factors weigh in favor of transferring the case (Mary MacNaughton v. Paul Revere Life Insurance Co.& Unum Group, No. 19-40016, D. Mass., 2019 U.S. Dist. LEXIS 160454). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Employer's Complaint Dismissed; Finding Already Made On ERISA's Applicability
SEATTLE - A Washington federal judge on Sept. 10 dismissed an employer's complaint seeking a finding that its short-term disability (STD) plan is not governed by the Employee Retirement Income Security Act because the issue already was decided by the director of the Washington State Department of Labor and Industries and cannot be relitigated in federal court (Phillips 66 Co., et al., v. Joel Sacks, et al., No. 19-174, W.D. Wash., 2019 U.S. Dist. LEXIS 154155). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

6th Circuit Vacates, Remands Disability Suit, Says District Court Lacked Jurisdiction
CINCINNATI - A district court erred in denying a disability claimant's motion to remand because the amount in controversy did not exceed the federal jurisdictional minimum amount of $75,000, the Sixth Circuit U.S. Court of Appeals said Sept. 11 in vacating and remanding the district court's ruling in favor of a disability insurer (Linda Graves v. Standard Insurance Co., No. 18-5449, 6th Cir., 2019 U.S. App. LEXIS 27526). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news