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146 results found

Article

Lane Powell PC | USA | 5 Jun 2019

ERISA (5th Circuit): COLD TRUTH - New Case Gives Critical Guidance on What You Should Know About the Term “Regular Occupation”

Each claim should be assessed from the perspective of duties of the job generally in the national economy and not how the job is “performed for a

Article

Lane Powell PC | USA | 15 May 2019

ERISA: Defeating Motions to Compel Discovery Related to Medical Review Experts

Disability claimants often attack the ERISA plan’s expert medical reviewer as biased, sometimes seeking discovery in an attempt to show bias. Here’s a

Article

Lane Powell PC | USA | 29 Apr 2019

ERISA (5th Circuit): When An Attorney’s Headaches Are Not Disabling

This new case explains the correct process in assessing “job duties” in the “Own Occupation” analysis

Article

Lane Powell PC | USA | 25 Mar 2019

ERISA 8th Circuit: When Malingering Justifies Disability Claim Denial

When does evidence of malingering justify denial of a long term disability claim? It depends. A physician’s subjective opinion regarding malingering

Article

Lane Powell PC | USA | 28 Feb 2019

ERISA: 1st Circuit - Can a Claimant Save an Untimely Administrative Appeal by Arguing the “Substantial Compliance” Doctrine?

You already know that ERISA sets forth a 180-day time limit for internal administrative appeals of benefit denials. And failure to pursue a timely

Article

Lane Powell PC | USA | 20 Feb 2019

ERISA: Can a Claimant Seek a Declaration Regarding Future Benefits?

From time to time you may see ERISA benefit claimants seeking declarations from the Court regarding “future benefits.” But there is that old rule

Article

Lane Powell PC | USA | 6 Feb 2019

ERISA and Awards of Attorney Fees: So What Does “Some Degree of Success on the Merits” Really Mean?

You already know that in ERISA cases the court has discretion to award reasonable attorney fees if the claimant shows “some degree of success on the

Article

Lane Powell PC | USA | 5 Feb 2019

ERISA: How Abuse of Discretion Standard Wins Arguments About Ambiguous Contract Terms

A common battle ground in ERISA claims involves the argument that ambiguous terms should be construed against the party that drafted the document

Article

Lane Powell PC | USA | 6 Dec 2018

ERISA: Is Discovery Allowed When A Breach Of Fiduciary Duty Claim Is Asserted?

You already know that discovery is usually limited in appeals of the denial of ERISA-governed benefits. This is especially true when there is de novo

Article

Lane Powell PC | USA | 12 Nov 2018

ERISA: California’s Ban on Discretionary Language does NOT Apply to Health Insurance

Many states have banned discretionary clauses in life and disability policies. But remember to look closely at the language to see if the ban

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