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Disability Insurance Blog
Oregon District Court Holds Long-Term Disability Insurer to Strict ERISA Appeal Deadline; Finds No Special Circumstances for Request to Extend Appeal and Finds Claim Deemed Denied
An Oregon Federal District Court recently issued a decision that helps illuminate the issues related to the requirement that a claimant exhaust administrative remedies prior to filing suit, specifically, when…
South Coast Specialty Surgery Center, Inc. v. Blue Cross of California, DBA Anthem Blue Cross
Ninth Circuit Clarifies Standing of Medical Providers in ERISA Lawsuits The Ninth Circuit Court of Appeals in S. Coast Specialty Surgery Ctr. v. Blue Cross of Cal., __ F. 4th…
What Is a Breach of Fiduciary Duty Claim Under ERISA?
What Is ERISA? ERISA is an acronym for the Employee Retirement Income Security Act of 1974. It is federal legislation that originally became law in 1974. The main goal of…
California Appellate Court Rules that a Cause of Action Does Not Accrue Until All Elements of the Claim Have Been Satisfied, Including Damages
The California Court of Appeal recently decided Bennett v. Ohio National Life Assurance Corporation, __ Cal.Rptr.3d. __ 2023 WL 4069794 (2023) that will allow disability claimants with the ability to…
What Are The Differences Between ERISA and Individual Non-ERISA Insurance Plans?
Understanding Cost, Coverage, and Other Differences The Employee Retirement Income Security Act of 1974, or ERISA, provides several protections related to insurance and retirement plans sponsored by employers for their…
The Advantages and Disadvantages of Group Disability Insurance
In a world where medical uncertainties abound, having a safety net for unexpected medical events is crucial. Disability insurance provides that financial safety net, ensuring that individuals who are unable…
Court Decision Highlights Challenges in Disability Insurance Claims for Subjective Conditions
Many disability insurance policies provide benefit payout periods that are much longer for disabilities caused by physical conditions as opposed to mental conditions. Typically, while allowing benefits for disabilities caused…
How to Handle Termination of Your Disability Benefits
You have experienced an accident or medical condition that has caused you to be unable to continue working. Thankfully, because you had disability coverage, you were able to submit a…
What Is the Difference Between “Own-Occupation” and “Any-Occupation” Total Disability in a Disability Insurance Policy?
Has Your Disability Insurance Claim Been Denied? If your claim for long-term disability benefits has been denied – or is denied in the future – you will need the advice…
Court Weighs Financial Conflict of Interest and Procedural Irregularities in the ERISA Claim Review Process and Finds Sedgwick Abused Its Discretion In Denying Long-Term Disability Claim
Judge Dale Drozd of the Eastern District of California recently brought at least some clarity to authority that in the past has allowed for only a murky, muddled understanding of…
