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Insurance & ERISA Litigation Blog
Ninth Circuit Invokes the Substantial Compliance Doctrine to Affirm a District Court’s Decision Finding a Separation Agreement was a Qualified Domestic Relations Order
The passage of the Retirement Equity Act (“REA”) in 1984 marked a transformative shift in how retirement benefits are handled in cases of divorce, particularly for spouses who relied on…
Understanding the Timing Requirements for an ERISA Claim
Why Timing Matters for an ERISA Claim and What Timelines You May Need to Consider The Employment Retirement Income Security Act of 1974 (ERISA) provides specific requirements for how most…
Understanding the Economics of an ERISA Disability Case
The article outlines the economic implications of ERISA disability cases for both claimants and plan administrators. Claimants face lost wages and financial distress due to their inability to work, affecting…
What Surveillance/Investigation Tactics to Expect From Disability Insurers
Is Your Disability Insurer Watching You? When you file a disability claim with your insurance company requesting that it pay you monthly disability benefits, it will take all necessary steps…
In a Win for McKennon Law Group PC’s Client, the Ninth Circuit Rules that Plan Fiduciaries With ERISA Plan Eligibility Duties Are Liable When They Mistakenly Collect Insurance Premiums for Ineligible Plan Participants and Do Not Investigate Submitted Eligibility Information
Most employee benefits are governed by a federal law called the Employee Retirement Income Security Act of 1974 (“ERISA”), including life insurance, disability insurance, accidental death insurance, health insurance, pensions,…
Federal District Court Finds Matrix’s Denial of a Long-Term Disability Claim to be Arbitrary and Capricious Where the Denial Did Not Strictly Comply With ERISA Requirements and Failed to Provide Sufficient Explanation for the Denial
Many cases address the critical issues surrounding the denial of long-term disability (LTD) benefits under the Employee Retirement Income Security Act of 1974 (ERISA), and many explore the procedural and…
The Impact of a Hostile Work Environment on Disability Benefits Claims
Dealing with a hostile work environment is a daunting experience that can impact a person’s mental and physical health. When the stress and strain of such an environment cause a…
When May a Long-Term Disability Insurer Be Entitled to Recover an Overpayment of Disability Benefits It Paid to You?
Can Your Disability Insurance Take Back Payments It Makes to You? When you are facing a short-term or long-term disability that impacts your ability to work or increases medical bills…
Court Denied Insurer’s Attempts to Mischaracterize Plaintiff’s Job Qualifications Based on Updated Vocational Evaluation and Enters Judgment for Plaintiff Against Unum
Insurance companies regularly review the ongoing medical care of their recipients of long-term disability benefits to find evidence of improved health and functional capacity that allows the recipients to return…
Eighth Circuit Finds District Court Did Not Err in Finding for a Long-Term Disability Claimant Against Reliance Standard Where Claimant Presented Evidence of Both Physical and Mental Nervous Conditions Causing Disability
Disability insurance is meant to provide a financial lifeline when individuals are unable to work due to illness or injury. However, it is common for insurers to deny or limit…
