Articles: 1-10 of 132
ERISA: Administrator’s Roadmap to Oppose Attorney Fees Even When Court Grants Long Term Disability Claim
USA - September 14 2023 You already know that the final battleground in lawsuits seeking ERISA-governed long term disability (LTD) benefits is whether a prevailing plaintiff…
ERISA - 6th Circuit: Responding to Procedural Objections to Claim Procedures
USA - August 7 2023 Whether the claims administrator complied with the claims procedure requirements is often a key battleground when a court is determining if the long…
ERISA (Sixth Circuit): plaintiffs’ high burden of proof to establish “continuous” disability during the elimination period
USA - May 31 2023 You already know that the Elimination Period in long term disability cases is a key focus in assessing eligibility for benefits…
ERISA - 4th Circuit: How Much Weight Do Independent Doctor Paper Reviews Get, and Should Rule 52 Bench Trials Be Used to Resolve De Novo Review Cases
USA - January 30 2023 As you know, the federal circuits have varying approaches to resolving ERISA denial-of-benefit cases. Some circuits use Rule 56 summary judgment as a…
ERISA: Ninth Circuit-Why Denial Letters Must Include All Rationale to be Asserted in Litigation
USA - December 13 2022 Can a district court consider new arguments justifying claim denial that were not articulated in the initial claim denial or appeal? NO. In fact this…
ERISA: 7th Circuit — Can A Claims Administrator’s Errors, Made During The Initial Claim Denial, Be “Cured” During the Administrative Appeal?
USA - June 9 2022 Can the ERISA claims administrator “cure” inadequacies, made during its initial claim denial, during the appeal process? Yes. Did a claims…
ERISA (5th Circuit)-When the District Court Must Remand the Claim Back to the Administrator
USA - March 23 2022 Sometimes an ERISA-governed disability benefit claim is denied on a specific issue that precludes the need for a full development of the record on…
ERISA (8th Circuit)-Now You Know Why You Should Bring Rule 52 Motions Instead of Rule 56 Summary Judgment Motions
USA - December 11 2021 What is the most efficient way to invite the district court to resolve ERISA-benefit claims? What’s the difference between using Rule 56 motions for…
ERISA (5th Circuit): Plan Administrators Do Not Waive Exclusions That Develop As A Result Of Court Decisions Affecting The Disability Claim
USA - November 8 2021 What happens when an ERISA-governed disability claim is denied solely under the “own occupation” provision, but a reviewing district court concludes…
ERISA - 9th Circuit: Self-Funded ERISA Plans, and Employee-Paid Supplemental Benefits: Can the Abuse of Discretion Standard Apply, Even When State Law Bans It?
USA - September 17 2021 You already know that many state laws ban the “abuse of discretion” standard of review in denials of ERISA-governed long term disability benefits…
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