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34 results found

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 | 22 Oct 2018

ERISA: Winning the Self-Reported Diagnosis Limitation in Disability Claims

Most ERISA plans contain provisions limiting benefits for disabilities “which are primarily based on self-reported symptoms” or “mental illness.”

Article

Lane Powell PC | USA | 5 Mar 2018

ERISA: Using the 24 Month MentalNervous Limitation to Win Claims Alleging Physical Disability

What happens when a claimant asserts totally disability caused by subjective physical pain and mental illness? For example, sometimes claimants

Article

Lane Powell PC | USA | 12 Oct 2017

ERISA: DOL Publishes TODAY Proposed Rule to Delay Implementation of New ERISA Claims Regulations?

You already know that since December 2016 the United States Department of Labor (DOL) has been reworking regulations governing disability plan

Article

Lane Powell PC | USA | 7 Feb 2017

ERISA: Fibromyalgia - “Diagnosis is not the automatic equivalent to a finding of disability.”

Fibromyalgia cases often are difficult to assess in determining eligibility for benefits. But the mere diagnosis of a condition (like fibromyalgia)

Article

Lane Powell PC | USA | 6 Jan 2017

ERISA: Happy New Year? 10 Things You Need to Know About the Newly Published Regulations Affecting Future ERISA ClaimsAppeals

The Department of Labor’s Employee Benefits Security Administration just published final regulations that change the ERISA disability claims and

Article

Lane Powell PC | USA | 5 Dec 2016

ERISA (D.C. Cir.): Do You Know the Difference Between a “Payroll Practice,” and Short Term Disability Benefits Governed by ERISA?

What happens when an employer provides a disabled employee continued regular wages, paid out of general employer assets? This is known as a "payroll

Article

Lane Powell PC | USA | 7 Nov 2016

ERISA (9th Circuit): How Long Can a Sedentary Person Sit? You Better Check the Dictionary of Occupational Titles

So how do you define "sedentary work"? Can you define it by using a Functional Capacity Assessment? Can you disregard the Dictionary of Occupational

Article

Lane Powell PC | USA | 22 Sep 2016

ERISA: How Do You Spell (Equitable) Relief?

In an ERISA case, what does it take to assert a claim for equitable relief? If the complaint does not assert an alleged breach of fiduciary duty, the

Article

Lane Powell PC | USA | 15 Aug 2016

ERISA: “Key Evidence Needed to Prove the Intoxication Exclusion”

You know that many insurance policies and ERISA-governed plans exclude from coverage disabilities “resulting from, or related toany accident related

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