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Disability Insurance Blog
Insurers Cannot Ignore Actual Job Requirements or Worsening Symptoms That Occur After a Claim for Disability Insurance Benefits is Filed
There are many tactics that insurance companies use to downplay, or even ignore, the severity of an insured’s illness or injury in an attempt to deny a claim for long-term…
Federal Court Criticizes Long-Term Disability Insurer for “Paper Reviews” and Dismissing SSA Award
Were you denied benefits by your group long-term disability insurer without the insurance company’s doctor examining you in-person? Did your insurer deny your claim even though the Social Security Administration…
When is a Group Long-Term Disability Insurance Plan Not an ERISA Plan? When it’s Established and Maintained by a Church to Qualify as an ERISA-exempt Church Plan – That’s When
You know church can be very good for you, but you probably never contemplated that church could help you in ways other than spiritually. Let’s say you find yourself in…
How do disability benefits from Social Security, the State or from Workers’ Compensation affect your claim?
Most group long-term disability policies and employer-sponsored long-term disability plans include a provision called “Offsets,” “Other Income Benefits,” “Income Which Will Reduce Your Disability Benefit,” “Deductible Sources of Income” or…
Ninth Circuit Affirms Rule that Ambiguous Policy Terms Must Be Construed Against Insurer in ERISA Disability Insurance Cases
The “reasonable expectations of the insured” doctrine has been around for decades in California. The state Supreme Court started toying with rules that became its foundation after the turn of…
Conclusory Medical Opinions Regarding Disability Status Will Not Carry the Day for ERISA Insurers
An individual suffering from a disabling condition undoubtedly has many concerns. In addition to dealing with physical pain and emotional distress, there is always the thought of how to pay…
Requesting that a Plan Administrator Reconsider a Denial of Benefits May Preserve the Right to Sue
Exchanging correspondence with a plan administrator requesting reconsideration of a denial may preserve the right to sue by extending contractual time limitations and demonstrating that the pursuit of administrative remedies…
Hanging on the Past: What to Remember About the Abuse of Discretion Standard of Review as it Applies to ERISA Cases
Although we recently explained that policies offered, issued, delivered, or renewed on or after January 1, 2012 are afforded de novo review as a result of California Insurance Code section…
Department of Labor Proposes New, Claimant-Friendly ERISA Regulations for Disability Insurance Claims
From time to time, the U.S. Department of Labor promulgates new regulations governing disability insurance benefit claims and health insurance benefit claims that are governed by the Employee Retirement Income…
Mistreated by Your Insurer? Insurers May Not Be Able to Hide Behind ERISA Preemption to Defeat Claims for Intentional Infliction of Emotional Distress
Insureds obligingly pay premiums on their life, health and disability insurance policies and dutifully provide updated information upon request by their insurers, but often do not enjoy the same courtesy…
