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Termination Of Disability Benefits Was Arbitrary And Capricious, Federal Judge Says
NEWARK, N.J. - A disability insurer's termination of long-term disability benefits after approving the claimant's benefits for seven years was arbitrary and capricious because the insurer failed to properly define the material duties of the claimant's occupation and because the evidence does not support the insurer's termination, a New Jersey federal judge said Oct. 23 (Christopher Patterson v. Aetna Life Insurance Co., No. 15-8156, D. N.J., 2017 U.S. Dist. LEXIS 175543). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Insurer Did Not Act In Bad Faith In Failing To Pay Disability Claim
MOBILE, Ala. - A disability insurer did not act in bad faith in investigating and in failing to pay a disability claim because the insurer conducted an extensive investigation into the claim and had an arguable and debatable reason for denying the claim, an Alabama federal judge said Oct. 24 in granting the insurer's motion for summary judgment (Scott R. Weisberg, M.D., v. Guardian Life Insurance Company of America et al., No. 16-568, N.D. Ala., 2017 U.S. Dist. LEXIS 176021). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Insurer Erred In Determining Claimant's Date Of Disability, Panel Says
ATLANTA - A disability insurer acted arbitrarily and capriciously in determining the date of a claimant's disability, the 10th Circuit U.S. Court of Appeals said Oct. 17 in reversing a district court's judgment in favor of the insurer (Greggory B. Owings v. United Of Omaha Life Insurance Co., No. 16-3128, 10th Cir., 2017 U.S. App. LEXIS 20228). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Federal Judge Dismisses Breach Of Fiduciary Claim Based On Misrepresentation
SCRANTON, Pa. - A Pennsylvania federal judge on Oct. 27 reiterated that a section of Pennsylvania's motor vehicle statute "regulates insurance" and is therefore saved from preemption under the Employee Retirement Income Security Act but said that the plaintiffs' claim for breach of fiduciary duty based on a disability insurer's misrepresentations must be dismissed because it is not clear that the insurer misrepresented the terms of the plan at issue (Eric Yost, et al. v. Anthem Life Insurance Co., No. 3:16-cv-00079, M.D. Pa.; 2017 U.S. Dist. LEXIS 178883). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Ohio Federal Judge Dismisses Breach Of Fiduciary Duty Claim In Disability Benefits Suit
COLUMBUS, Ohio - An Ohio federal judge on Oct. 10 dismissed a claim for breach of fiduciary duty alleged against a disability insurer because the same equitable relief sought by the disability claimant can be obtained if the claimant prevails on his claim seeking recovery of disability benefits (Edward Osborn Sr. v. Principal Life Insurance Co., No. 17-329, S.D. Ohio, 2017 U.S. Dist. LEXIS 166877). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Claimant's Amended Complaint Dismissed; Claims Not Timely, Judge Says
MIAMI - A Florida federal judge on Oct. 30 dismissed a disability claimant's amended complaint after determining that the claims alleged against the disability insurer are barred by Florida's applicable statutes of limitations (Victor Gonzalez-Guzman v. Metropolitan Life Insurance Co., No. 17-20107, S.D. Fla., 2017 U.S. Dist. LEXIS 179259). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Claimant Permitted To Conduct Discovery Outside Of Administrative Record
WICHITA, Kan. - A disability claimant is permitted to conduct limited discovery outside of the administrative record, a Kansas federal magistrate judge said Oct. 10 after determining that the claimant met her burden of showing that "some limited extra-record discovery" is relevant and appropriate as it applies to the defendant's dual role of plan insurer and plan administrator (Karen A. Baty v. Metropolitan Life Insurance Co., 17-1200, D. Kan., 2017 U.S. Dist. LEXIS 171014). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

N.Y. Federal Judge Says Disability Claimant's Request Was Properly Denied
NEW YORK - A New York federal judge on Oct. 12 overruled a disability claimant's objections to a magistrate judge's order denying the claimant's request for statistical information on claim acceptance rates by a disability insurer after determining that the requested statistics do not directly relate to the disability claim at issue (Cherylle McFarlane v. First Unum Life Insurance Co., No. 16-7806, S.D. N.Y., 2017 U.S. Dist. LEXIS 169052). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Something to look forward to: Retirees say they have a great sex life and don't "feel old" until mid 80s, according to new poll
(Natural News) A poll that was conducted by over 50s life insurance brand FiftyLife on 2,000 British adults in their 50s, 60s, and 70s showed that adults of these ages do not feel that they are officially “over the hill” until they turn 83, and that they still regularly crave and attract attention from the opposite... (Source: NaturalNews.com)
Source: NaturalNews.com - November 6, 2017 Category: Consumer Health News Source Type: news

Insurance Products for Members: Life Insurance, Health and Car ...
As an ally in your corner, AARP makes available products and services that have been researched, evaluated and meet our high standards of service& quality. (Source: AARP.org News)
Source: AARP.org News - November 3, 2017 Category: American Health Source Type: news

The New Old Age: Wringing Cash From Life Insurance
Life-settlement providers purchase policies from older people who want the money now. Sometimes that ’ s a good idea — and sometimes not. (Source: NYT Health)
Source: NYT Health - October 13, 2017 Category: Consumer Health News Authors: PAULA SPAN Tags: Life Insurance Elderly Longevity Source Type: news

Questions Docs Must Ask Before Buying Life Insurance
Before buying life insurance, physicians need to consider a plethora of factors. Here are the most important of the bunch. (Source: Physicians Practice)
Source: Physicians Practice - October 10, 2017 Category: Practice Management Authors: Ike Devji, JD Tags: Blog Law & Malpractice Career Contracts Risk Management Source Type: news

Vocational Assessment Was Flawed, Disability Claimant Is Owed Benefits, Judge Says
TACOMA, Wash. - A Washington federal judge on Sept. 27 granted judgment in favor of a disability claimant after determining that the insurer's vocational assessment was flawed because the assessment relied on unsupported information taken from the claimant's social media profiles to conclude that the claimant had enough experience to secure a job in the media industry (Anthony Flaaen v. Principal Life Insurance Co. Inc., No. 15-5899, W.D. Wash., 2017 U.S. Dist. LEXIS 159142). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

9th Circuit Panel Says Denial Of Disability Benefits Was Reasonable Decision
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Sept. 18 affirmed a district court's finding that a disability insurer's denial of benefits was reasonable, noting that the medical evidence supports the insurer's determination (Nannette Fawn Anderson v. Life Insurance Company of North America, No. 16-15522, 9th Cir., 2017 U.S. App. LEXIS 18055). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

Illinois Federal Judge Says Disability Insurer Reasonably Terminated Benefits
CHICAGO - A disability insurer did not breach its contract or act unreasonably by terminating a claimant's total disability benefits because the evidence shows that the claimant was able to undertake a number of mentally and physically demanding activities, an Illinois federal judge said Sept. 14 (Henry G. Fiorentini v. Paul Revere Life Insurance Co., No. 15-3292, N.D. Ill., 2017 U.S. Dist. LEXIS 149392). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

Appellate Panel Refuses To Rehear Plan's Arguments In Disability Benefits Suit
WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on Sept. 11 refused to reconsider its finding that a woman was totally disabled under the terms of her Employee Retirement Income Security Act-governed long-term disability plan and that the plan administrator did not satisfactorily supported its conclusion that she was ever capable of full-time work after November 2007 (Jill Marcin v. Reliance Standard Life Insurance Co., et al., No. 16-7125, D.C. Cir., 2017 U.S. App. LEXIS 17551). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

Disability Insurer's Benefits Denial Was Not Arbitrary, Capricious, Federal Judge Says
YOUNGSTOWN, Ohio - An Ohio federal judge on Sept. 25 determined that a disability insurer's denial of long-term disability (LTD) benefits based on the plan's any-occupation standard was not arbitrary and capricious and found merit in the insurer's argument that the claimant's history of drug abuse would preclude him from benefits under the plan's two-year limitation provision for drug and alcohol abuse (Robert M. Hoperich v. Aetna Life Insurance Co., No. 16-2590, N.D. Ohio, 2017 U.S. Dist. LEXIS 156490). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

Colorado Federal Judge Affirms Denial Of LTD Claim Based On Pre-Existing Limitation
DENVER - A Colorado federal judge on Sept. 29 determined that a plan administrator's denial of long-term disability (LTD) benefits based on the plan's pre-existing condition limitation was not arbitrary and capricious because substantial evidence supports the plan administrator's finding that the disability for which the claimant sought benefits was likely caused by a pre-existing condition (Michael Green v. Life Insurance Company of North America, No. 16-2366, D. Colo., 2017 U.S. Dist. LEXIS 160900). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

Termination Of Disability Benefits Based On Plan's Limitation Was Reasonable
SAN FRANCISCO - A disability insurer's termination of benefits based on the plan's self-reported symptoms limitation was reasonable because the claimant did not provide any additional evidence supporting her disability, the Ninth Circuit U.S. Court of Appeals said Sept. 22 (Robin Curran v. United of Omaha Life Insurance Co., and United of Omaha Life Insurance Co. v. Robin Curran, Nos. 15-56599, 15-56668, 9th Cir., 2017 U.S. App. LEXIS 18443). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

Arbitrary And Capricious Standard Of Review Applies In Disability Benefits Dispute
NEW YORK - An arbitrary and capricious standard of review will be applied in a disability benefits dispute because the plan at issue clearly granted discretionary authority to the insurer and the claimant failed to carry the burden of proving that a de novo standard of review should be applied, a New York federal judge said Sept. 26 (Laurie Tietjen v. Unum Life Insurance Company of America, No. 16-7021, S.D. N.Y., 2017 U.S. Dist. LEXIS 157721). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

Disability Insurer Seeks High Court's Review Of 2nd Circuit's Offset Ruling
WASHINGTON, D.C. - The Second Circuit U.S. Court of Appeals erred in finding that New York law bars the offset of disability benefits when a claim for personal injuries is settled because the decision conflicts with rulings in other circuits and because the New York law is preempted by the Employee Retirement Income Security Act, a disability insurer argues in a Sept. 19 petition for writ of certiorari filed in the U.S. Supreme Court (Aetna Life Insurance Co. v. Salvatore Arnone, No. 17-416, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 3637). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

Award Of Attorney Fees Warranted As Disability Claimant Achieved Some Success
SAN FRANCISCO - A California federal judge on Sept. 14 awarded a disability claimant more than $100,000 in attorney fees after determining that the award was warranted because the claimant achieved "some degree" of success on the merits (Robert Bosley v. Metropolitan Life Insurance Co., No. 16-00139, N.D. Calif., 2017 U.S. Dist. LEXIS 149453). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

The Girlfriend of the Las Vegas Gunman Has Returned to the U.S., Greeted By Investigators
(MANILA/LOS ANGELES) — The girlfriend of a retiree who killed 58 people and then himself in a shooting rampage in Las Vegas arrived from the Philippines in Los Angeles, where FBI agents hoped to question her about the massacre, law enforcement officials said. Marilou Danley, who U.S. authorities have described as a “person of interest” in the investigation, left Manila on Tuesday evening aboard Philippine Airlines Flight PR 102, according to Philippines immigration spokeswoman Antonette Mangrobang. The non-stop flight arrived as scheduled at about 7:30 p.m. local time on Tuesday at Los Angeles Internation...
Source: TIME.com: Top Science and Health Stories - October 4, 2017 Category: Consumer Health News Authors: Lisa Baertlein and Manuel Mogato / Reuters Tags: Uncategorized Crime las vegas shooting Nevada onetime Source Type: news

District Court Correctly Found Disability Claimant Is Owed Benefits, Panel Says
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 28 affirmed a district court's reinstatement of a disability claimant's long-term disability (LTD) benefits after determining that the lower court did not err in finding that the claimant submitted sufficient medical evidence supporting his inability to work (Mohamed Ahmed Mokbel-Aljahmi v. United Omaha Life Insurance Co., No. 16-2616, 6th Cir., 2017 U.S. App. LEXIS 16587). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 12, 2017 Category: Medical Law Source Type: news

Federal Judge Remands LTD Claim To Plan Administrator For Full, Fair Review
PHOENIX - A disability insurer abused its discretion by failing to consider all of the available evidence and by failing to engage in a meaningful dialogue with the claimant during the handling of the benefits claim, an Arizona federal judge said Sept. 1 in remanding the claim to the plan administrator (Wendy S. Vaughan v. Reliance Standard Life Insurance Co., No. 16-341, D. Ariz., 2017 U.S. Dist. LEXIS 143169). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 12, 2017 Category: Medical Law Source Type: news

Disability Claimant Failed To Prove Reconsideration Is Warranted, Federal Judge Says
ATLANTA - A Georgia federal judge on Aug. 28 denied a disability claimant's motion to reconsider because the claimant failed to prove that there were any manifest errors of fact warranting reconsideration of the court's finding that the claimant is not entitled to benefits under a policy's lifetime sickness rider (William F. Nefsky v. Unum Life Insurance Company of America, No. 15-2119, N.D. Ga., 2017 U.S. Dist. LEXIS 137596). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 12, 2017 Category: Medical Law Source Type: news

11th Circuit Says Disability Plan's Pre-Existing Condition Provision Does Not Apply
ATLANTA - The 11th Circuit U.S. Court of Appeals on Aug. 31 reversed and remanded a district's court ruling after determining that a disability insurer's denial of benefits based on the plan's pre-existing condition provision was not reasonable because there is no evidence that the claimant's healthy pregnancy caused or contributed to a stroke suffered by the claimant six months after her child was born (Julissa Bradshaw v. Reliance Standard Life Insurance Co., No. 16-11125, 11th Cir., 2017 U.S. App. LEXIS 16779). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 12, 2017 Category: Medical Law Source Type: news

Appeals Panel Says ERISA Preempts California Law Barring Discretionary Clauses
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 15 vacated and remanded a district court's ruling that a de novo standard of review rather than an abuse of discretion standard of review should be applied in a disability benefits dispute because the Employee Retirement Income Security Act preempts the application of California's insurance law, which prohibits the use of discretionary clauses (Yvette Williby v. Aetna Life Insurance Co., No. 15-56394, 9th Cir., 2017 U.S. App. LEXIS 15213). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 12, 2017 Category: Medical Law Source Type: news

County Plan Is Preempted Under ERISA Governmental Plan Exemption, Judge Says
SAN JOSE, Calif. - A California federal judge on Aug. 9 determined that the governmental plan exemption to the Employee Retirement Income Security Act applies to preempt a county disability plan from ERISA because the county "maintained" the long-term disability plan (Roxy Hariri v. Reliance Standard Life Insurance Co., No. 15-3054, N.D. Calif., 2017 U.S. Dist. LEXIS 126491). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 12, 2017 Category: Medical Law Source Type: news

Disability Claimant Awarded Attorney Fees After Reduction In Attorneys' Billable Hours
YOUNGSTOWN, Ohio - An Ohio federal judge on Aug. 23 awarded a disability claimant more than $21,000 in attorney fees after reducing the amount of hours billed by the claimant's attorneys for prelitigation fees and attorney-fee-related work as those hours cannot be recovered (Tina Myers v. Mutual of Omaha Life Insurance Co., No. 14-2421, N.D. Ohio, 2017 U.S. Dist. LEXIS 135079). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 12, 2017 Category: Medical Law Source Type: news

Disability Insurer Cannot Add Medical Records To Trial Exhibit, Federal Judge Says
PHOENIX - An Arizona federal judge on Aug. 29 denied a disability insurer's request to allow additional medical records to be added to a claims file for use as a trial exhibit after determining that the request is untimely and would be prejudicial to the disability claimant (Benjamin McClure v. Country Life Insurance Company, et al., No. 15-2597, D. Ariz., 2017 U.S. Dist. LEXIS 138530). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 12, 2017 Category: Medical Law Source Type: news

New Regulations Have Been Imposed on Clinical Pathology Laboratories in Australia due to Concerns over Direct-to-Consumer Genetic Testing
Undergoing genetic testing also can impact the cost and availability of life insurance in Australia, not just for the person who underwent the testing, but for their families as well Concerns about direct-to-consumer genetic testing have led to stricter regulatory requirements for Clinical laboratories that perform genetic tests in Australia. Starting in July 2017, medical […] (Source: Dark Daily)
Source: Dark Daily - August 16, 2017 Category: Laboratory Medicine Authors: Jude Tags: Instruments & Equipment Laboratory Instruments & Laboratory Equipment Laboratory News Laboratory Operations Laboratory Pathology ALRC Australian Law Reform Commission clinical laboratory Dark Daily dark intelligence group Dark Report Source Type: news

11th Circuit Affirms Finding That Insurer's Termination Of Benefits Was Reasonable
ATLANTA - The 11th Circuit U.S. Court of Appeals on July 12 affirmed a district court's ruling that a disability insurer's termination of long-term care disability benefits was reasonable based on the evidence properly considered by the insurer (David Carr v. John Hancock Life Insurance Company USA, No. 16-17134, 11th Cir., 2017 U.S. App. LEXIS 12404). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - August 15, 2017 Category: Medical Law Source Type: news

Alabama Federal Magistrate Recommends Disability Claim Be Remanded For Review
DOTHAN, Ala. - An Alabama federal magistrate judge on July 13 recommended that a disability claimant's motion for summary judgment be granted and that the claim be remanded to the plan administrator for consideration because the termination of benefits was not reasonable based on the medical evidence (Richard O. Shultz v. Aetna Life Insurance Co., et. al., No. 16-94, M.D. Ala., 2017 U.S. Dist. LEXIS 109654). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - August 15, 2017 Category: Medical Law Source Type: news

Federal Judge Remands A Portion Of Claim For Disability Benefits
NEW YORK - A New York federal judge on July 24 adopted a federal magistrate's recommendation to remand a long-term disability claim as it pertained to the claimant's physical disability, but not the claimant's psychiatric disability, because the evidence may support a finding that the claimant is physically disabled according to the terms of the plan (Marie Richter v. Metropolitan Life Insurance Co., No. 15-8266, S.D. N.Y., 2017 U.S. Dist. LEXIS 115119). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - August 15, 2017 Category: Medical Law Source Type: news

Disability Plan's Discretionary Authority Provision Is Void Under California Law
SACRAMENTO, Calif. - A de novo standard of review must be applied in a denial of disability benefits suit because the disability plan's discretionary authority provision is not valid under California law, a California federal judge said July 12 in granting the disability claimant's motion for summary judgment (Renee Johnson Monroe v. Metropolitan Life Insurance Co., No. 15-2079, E.D. Calif., 2017 U.S. Dist. LEXIS 109012). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - August 15, 2017 Category: Medical Law Source Type: news

LTD Plan Is Ambiguous As To Whether Insurer's Offset Was Permitted, Panel Says
NEW ORLEANS - A district court did not err in finding that a disability insurer abused its discretion in offsetting a claimant's long-term disability benefits because the plan is ambiguous as to whether a direct rollover of pension funds to an individual retirement account entitles the insurer to offset the claimant's disability benefits, the Fifth Circuit U.S. Court of Appeals said July 18 (Joel Thomason v. Metropolitan Life Insurance Co., et al., No. 16- 10634, 5th Cir., 2017 U.S. App. LEXIS 12932). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - August 15, 2017 Category: Medical Law Source Type: news

Disability Insurer Did Not Breach Contract By Enforcing Offset Provision
PHOENIX - An Arizona federal judge on Aug. 7 denied a disability claimant's motion for partial summary judgment on the basis that the insurer did not breach its contract by enforcing the policy's offset provision when it reinstated the claimant's disability benefits (Benjamin McClure v. Country Life Insurance Company, et al., No. 15-2597, D. Ariz., 2017 U.S. Dist. LEXIS 123967). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - August 15, 2017 Category: Medical Law Source Type: news

Plan Will Not Be Prejudiced If Disability Claimant Proceeds Under Pseudonym
OAKLAND, Calif. - A California federal judge on July 26 granted a disability claimant's motion to proceed under a pseudonym after determining that the need for anonymity outweighs prejudice to the defendant and the public's interest in knowing the claimant's identity (John Doe v. Lincoln National Life Insurance Co., No. 17-3963, N.D. Calif., 2017 U.S. Dist. LEXIS 117110). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - August 15, 2017 Category: Medical Law Source Type: news

Disability Claimant Awarded Attorney Fees, Costs As The Prevailing Party
LOS ANGELES - A California federal judge on July 24 awarded a disability claimant more than $100,000 in attorney fees and costs because the claimant prevailed on his claim for disability benefits (Avery Armani v. Northwestern Mutual Life Insurance Co., et al., No. 13-7058, C.D. Calif., 2017 U.S. Dist. LEXIS 117203). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - August 15, 2017 Category: Medical Law Source Type: news

Nigeria: Govt Endorses Health Insurance Scheme for Creative Industry
[This Day] The federal government has endorsed a new unified Healthcare and Life Insurance Scheme for the movie and creative industry as efforts to enhance access to affordable health services by its members and avoid preventable deaths to chronic illnesses. (Source: AllAfrica News: Health and Medicine)
Source: AllAfrica News: Health and Medicine - August 11, 2017 Category: African Health Source Type: news

Disability Insurer's Denial Of Benefits Supported By Medical Records, Panel Says
ST. LOUIS - A disability insurer did not abuse its discretion in denying a claim for disability benefits because the medical records and evidence support the insurer's denial, the Eighth Circuit U.S. Court of Appeals said July 5 (Michelle E. Cooper v. Metropolitan Life Insurance Company, No. 16-3429, 8th Cir., 2017 U.S. App. LEXIS 11933). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2017 Category: Medical Law Source Type: news

Denial Of Disability Claim Was Reasonable Based On Evidence, Federal Judge Says
DETROIT - A disability insurer did not act arbitrarily and capriciously in denying a claim for disability benefits because the medical evidence supports the denial of benefits and the claimant failed to provide any evidence to rebut the insurer's evidence, a Michigan federal judge said June 20 (Philip J. Holmes v. Aetna Life Insurance Co., et al., No. 16-11538, E.D. Mich., 2017 U.S. Dist. LEXIS 94258). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2017 Category: Medical Law Source Type: news

Disability Claimant's Evidence Supports Finding That Benefits Are Owed
NEW YORK - A New York federal magistrate judge on June 13 recommended that a disability claimant's motion for summary judgment be granted because the medical opinions of the insurer's reviewing physicians are not consistent with the medical evidence presented by the claimant (Philip Hafford v. Aetna Life Insurance Co., No. 16-4425, S.D. N.Y., 2017 U.S. Dist. LEXIS 91763). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2017 Category: Medical Law Source Type: news

Evidence Supports Termination Of Disability Benefits Based On Substance Abuse Provision
CINCINNATI - A disability plan administrator did not act arbitrarily and capriciously when it terminated a claimant's benefits based on the plan's substance abuse provision because the evidence supports the administrator's finding that the claimant's disability was caused by the effects of opioid medications, the Sixth Circuit U.S. Court of Appeals said June 30 (Angela Blount v. United of Omaha Life Insurance Company, No. 16-6372, 6th Cir., 2017 U.S. App. LEXIS 11779). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2017 Category: Medical Law Source Type: news

New York Federal Judge: Bipolar Disorder Subject To Disability Plan's 24-Month Cap
BROOKLYN, N.Y. - A New York federal judge on June 14 said a disability insurer did not act arbitrarily and capriciously in relying on the American Psychiatric Association's definition of mental illness when determining that bipolar disorder is a mental illness and subject to the plan's 24-month cap on disability benefits for a mental illness (Marry Kim v. The Hartford Life Insurance Co., No. 15-2474, E.D. N.Y., 2017 U.S. Dist. LEXIS 91660). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2017 Category: Medical Law Source Type: news

Pre-Existing Condition Provision Barred Claim For Long-Term Disability Benefits
HARRISBURG, Pa. - A Pennsylvania federal judge on June 19 determined that a disability insurer's denial of long-term disability (LTD) benefits was not arbitrary and capricious because the policy included a pre-existing condition exclusion that clearly precluded coverage to the claimant (Yvonne Hilbert v. The Lincoln National Life Insurance Co., 15-471, M.D. Pa., 2017 U.S. Dist. LEXIS 93424). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2017 Category: Medical Law Source Type: news

Substantial Evidence Supports Termination Of Disability Benefits, Appeals Panel Says
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 14 affirmed a district court's ruling that a disability insurer did not abuse its discretion in terminating a claimant's long-term disability benefits because there is substantial evidence supporting the insurer's termination of benefits (Lashondra Davis v. Aetna Life Insurance Co., No. 16-10895, 5th Cir., 2017 U.S. App. LEXIS 10576). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2017 Category: Medical Law Source Type: news

Claimant Owed Disability Benefits Under Plan's 'Own Occupation' Provision
SAN FRANCISCO - Following a one-day bench trial, a California federal judge on June 13 determined that a disability claimant submitted sufficient evidence showing that he was disabled under a plan's "own occupation" provision but failed to prove that he was disabled under the plan's "any occupation" standard (Robert Bosley v. Metropolitan Life Insurance Co., No. 16-00139, N.D. Calif., 2017 U.S. Dist. LEXIS 90803). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2017 Category: Medical Law Source Type: news

D.C. Appellate Panel: ERISA Plan Administrator Wrongfully Denied Woman Benefits
WASHINGTON, D.C. - A District of Columbia appeals panel on June 30 said a federal judge correctly ruled that a woman was totally disabled under the terms of her Employee Retirement Income Security Act-governed long-term disability plan and that the plan administrator has not satisfactorily supported its conclusion that she was ever capable of full-time work after November 2007 (Jill Marcin v. Reliance Standard Life Insurance Co., et al., No. 16-78125, D.C. Cir., 2017 U.S. App. LEXIS 11670). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2017 Category: Medical Law Source Type: news