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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

Disability Insurer's Offset Of Benefits Was Reasonable, 3rd Circuit Panel Determines
PHILADELPHIA - A disability insurer was entitled to offset a disability claimant's long-term disability benefits against income the claimant earned by working part time for her medical practice because the claimant still received the benefit of her earnings even though the earnings were applied against debt she owed her medical practice, the Third Circuit U.S. Court of Appeals said June 7 (Amy Patrick, M.D. v. Reliance Standard Life Insurance Co., No. 16-3980, 3rd Cir., 2017 U.S. App. LEXIS 10105). (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 Law Bars Offset For Personal Injury Settlement, Appeals Panel Concludes
NEW YORK - The Second Circuit U.S. Court of Appeals on June 22 reversed a district court's ruling that a disability insurer was entitled to offset a claimant's benefits based on the claimant's settlement of his personal injury claim after determining that New York law bars the disability insurer from offsetting benefits when a claim for personal injuries is settled (Salvatore Arnone v. Aetna Life Insurance Co., No. 15-2322, 2nd Cir., 2017 U.S. App. LEXIS 11055). (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

Federal Judge Says Disability Claimant Is Entitled To Attorney Fees
NEW HAVEN, Conn. - A Connecticut federal judge on June 20 awarded a disability claimant more than $38,000 in attorney fees after finding that the claimant is entitled to attorney fees for achieving some success on the merits of his claim (Jeff Schuman v. Aetna Life Insurance Co., et al., No. 15-1006, D. Conn., 2017 U.S. Dist. LEXIS 94557). (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

Kentucky Federal Judge Denies Disability Claimant's Motion To Strike Declaration
LOUISVILLE, Ky. - A Kentucky federal judge on June 23 denied a disability claimant's motion to strike a corporate representative's declaration after determining that the declaration was properly submitted with the disability insurer's motion for summary judgment (William Kennedy v. Life Insurance Company of North America, No. 15-741, W.D. Ky., 2017 U.S. Dist. LEXIS 97341). (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

California Federal Judge Says Evidence Supports Finding That Claimant Is Disabled
SAN FRANCISCO - A California federal judge on May 24 granted a disability claimant's motion for judgment on the administrative record after determining that the evidence does not support the disability insurer's termination of benefits after paying the claimant benefits for almost eight years (Nancy Hart v. Unum Life Insurance Company of America, No. 15-5392, N.D. Calif., 2017 U.S. Dist. LEXIS 79970). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 13, 2017 Category: Medical Law Source Type: news

Disability Claimant's Injury Was Related To Intoxication, 11th Circuit Panel Concludes
ATLANTA - The 11th Circuit U.S. Court of Appeals on June 2 reversed a District Court's ruling that a disability insurer's denial of benefits based on the plan's intoxication exclusion was de novo wrong after determining that that the evidence clearly shows that the claimant's injury was related to intoxication (Steven D. Prelutsky v. Greater Georgia Life Insurance Co., No. 16-15900, 11th Cir., 2017 U.S. App. LEXIS 9759). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 13, 2017 Category: Medical Law Source Type: news

Texas Federal Judge Says Denial Of Disability Claim Is Supported By Evidence
DALLAS - A Texas federal judge on May 9 determined that a disability insurer did not wrongfully deny a claim for breast augmentation surgery under a short-term disability (STD) plan because the evidence supports the insurer's conclusion that the surgery was cosmetic and not necessary to treat the illness of gender dysphoria (Charlize Marie Baker v. Aetna Life Insurance Co., et al., No. 15-3679, N.D. Texas; 2017 U.S. Dist. LEXIS 70595). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 13, 2017 Category: Medical Law Source Type: news

Kentucky Federal Judge Says Disability Insurer's Offset Was Permitted Under Policy
LOUISVILLE, Ky. - A Kentucky federal judge on May 16 granted a disability insurer's motion to dismiss after determining that the insurer did not act arbitrarily and capriciously by offsetting the claimant's benefits amount with income the claimant earned as a political consultant (Oliver H. Barber III, et al., v. Lincoln National Life Insurance Co., No. 17-34, W.D. Ky., 2017 U.S. Dist. LEXIS 74005). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 13, 2017 Category: Medical Law Source Type: news

9th Circuit Panel Certifies Questions In Disability Suit To Oregon High Court
SEATTLE - The Ninth Circuit U.S. Court of Appeals on June 6 certified two questions to the Oregon Supreme Court regarding the appropriate limitations period in a disability policy after determining that the claimant's suit cannot be resolved until the certified questions are answered (Cynthia Raynor v. United of Omaha Life Insurance Co., No. 14-36090, 9th Cir., 2017 U.S. App. LEXIS 10015). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 13, 2017 Category: Medical Law Source Type: news

Disability Claimant's Breach Of Fiduciary Duty Claim Can Stand, 8th Circuit Panel Says
ST. LOUIS - The Eighth Circuit U.S. Court of Appeal on May 8 remanded a disability claimant's suit after determining that the District Court erred in dismissing the claimant's breach of fiduciary claim because the breach of fiduciary duty claim is based on a different theory of liability than the claimant's denial-of-benefits claim (Lisa Jones v. Aetna Life Insurance Co., et al., No. 16-1714, 8th Cir., 2017 U.S. App. LEXIS 8112). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 13, 2017 Category: Medical Law Source Type: news

Disability Plan Is Exempt From ERISA, Louisiana Federal Judge Determines
NEW ORLEANS - A Louisiana federal judge on May 31 denied a disability insurer's motion for partial summary judgment on a claimant's state law claims after determining that the disability plan at issue is exempt from the Employee Retirement Income Security Act because the hospital that administered the plan qualifies as a political subdivision of the state of Louisiana (Brenda Andrus v. Unum Life Insurance Company of America, No. 16-1112, E.D. La., 2017 U.S. Dist. LEXIS 82833). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 13, 2017 Category: Medical Law Source Type: news

Federal Judge Says Certain Penalties Apply Only To Disability Plan Administrators
PHILADELPHIA - A Pennsylvania federal judge on May 18 partially granted a disability insurer's motion to dismiss a plan administrator's cross-claim seeking contribution and indemnification after determining that the penalties sought under Section 1132(c) of the Employment Retirement Income Security Act can be assessed only against plan administrators (Kimberly Lash v. Reliance Standard Life Insurance Co., et al., No. 16-235, E.D. Pa., 2017 U.S. Dist. LEXIS 75655). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 13, 2017 Category: Medical Law Source Type: news

California Federal Judge Orders Parties To File Joint Proposed Judgment On Attorney Fees
SAN FRANCISCO - A California federal judge on May 15 ordered a disability claimant and a disability insurer to submit a joint proposed judgment on the claimant's motion for attorney fees after finding that the claimant is not entitled to collect attorney fees for all the tasks completed by the claimant's attorney (Marlon Montoya v. Reliance Standard Life Insurance Co., No. 14-2740, N.D. Calif.; 2017 U.S. Dist. LEXIS 73781). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 13, 2017 Category: Medical Law Source Type: news

Protective Order For Disability Insurer Granted By New York Federal Magistrate Judge
NEW YORK - A New York federal magistrate judge on June 2 granted a disability insurer's motion for a protective order after determining that the insurer demonstrated that the public disclosure of the information would be valuable to its competitors and place it at a competitive disadvantage (David Robert Aitken v. Aetna Life Insurance Co., No. 16-4606, S.D. N.Y., 2017 U.S. Dist. LEXIS 88181). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 13, 2017 Category: Medical Law Source Type: news

Disability Claimant's Suit Stayed To Allow Claimant To Attempt To Enforce Subpoena
LEXINGTON, Ky. - A Kentucky federal judge on May 23 granted a disability claimant's motion to stay to allow the claimant additional time to enforce a subpoena in Massachusetts federal court against a Massachusetts-based company whose services were used by a disability insurer during the handling of the insured's benefits claim (Susan Card v. Principal Life Insurance Co., No. 15-139, E.D. Ky., 2017 U.S. Dist. LEXIS 77819). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 13, 2017 Category: Medical Law Source Type: news

SAPVoice: 5 Fintech Breakthroughs Impact Your Money And Health
Disruption isn ’t just for upstarts, machines won’t replace people, and you’ll soon be excited to have your next conversation with your life insurance company were among the thoughts fintech innovators shared at the launch of the SAP Next-Gen Innovation Community for Financial Services. (Source: Forbes.com Healthcare News)
Source: Forbes.com Healthcare News - June 9, 2017 Category: Pharmaceuticals Authors: Susan Galer, SAP Tags: sap Source Type: news

The List: Dayton-Area Health and Life Insurance Agencies
Our annual health and life insurance agencies list is published in this week ’s Dayton Business Journal. We’re ranking it by the 2016 value of health and life premiums written. The information is self reported. McGohan Brabender Inc. ranks first with $760 million. Ranking second, Benefits Network Insurance totaled $85 million. Northwestern Mutual Dayton ranks third with $77.73 million. Also published this week: property and casualty insurance agencies. Next week look for sign companies. On… (Source: bizjournals.com Health Care:Pharmaceuticals headlines)
Source: bizjournals.com Health Care:Pharmaceuticals headlines - May 19, 2017 Category: Pharmaceuticals Authors: Jane Applegate Source Type: news

7th Circuit Panel Affirms Disability Plan Benefit Was Not Available To Claimant
CHICAGO - The Seventh Circuit U.S. Court of Appeals on April 18 affirmed a district court's ruling that a disability insurer did not act arbitrarily or capriciously in denying a claim for disability life insurance benefits because the disability life insurance benefit was not in the disability plan that was effective when the claimant became disabled (James B. Sumpter v. Metropolitan Life Insurance Co., No. 16-2012, 7th Cir., 2017 U.S. App. LEXIS 6552). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 9, 2017 Category: Medical Law Source Type: news

Federal Judge Allows Disability Claimant To Amend Complaint Against Insurer
SEATTLE - A Washington federal judge on April 13 granted a disability claimant's motion to amend a complaint to add a claim against a disability insurer after determining that the insurer will not be prejudiced by the amendment (Abraham Ghorbanian DDS v. Guardian Life Insurance Company of America, et al., No. 14-1396, W.D. Wash., 2017 U.S. Dist. LEXIS 57015). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 9, 2017 Category: Medical Law Source Type: news

Disability Insurer Erred In Finding Claimant Is Not Disabled From Any Occupation
CHICAGO - A Chicago federal judge on April 25 awarded a disability claimant past due and future long-term disability (LTD) benefits after determining that the administrative record does not support a finding that the claimant is qualified to work in a position identified in a vocational analysis completed by the disability insurer (Ramona Contreras v. United of Omaha Life Insurance Co., No. 16-3495, N.D. Ill., 2017 U.S. Dist. LEXIS 62951). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 9, 2017 Category: Medical Law Source Type: news

Federal Judge Remands Claim To Consider If Claimant Was Disabled From Any Occupation
LOS ANGELES - A California federal judge on April 12 remanded a disability claim to the plan administrator to determine whether the disability claimant was disabled under the plan's "any occupation" standard (Bertha Campos v. Reliance Standard Life Insurance Co., No. 15-8304, C.D. Calif., 2017 U.S. Dist. LEXIS 56185). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 9, 2017 Category: Medical Law Source Type: news

Procedural Violation Does Not Justify Award Of Disability Benefits, 9th Circuit Says
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 4 vacated and remanded a district court's ruling in a disability benefits suit after determining that the disability insurer's failure to comply with procedural requirements does not, on its own, justify an award of benefits in favor of the claimant (Gregory Smith v. Reliance Standard Life Insurance Co., Nos. 16-15319, No. 16-15413, 9th Cir., 2017 U.S. App. LEXIS 5835). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 9, 2017 Category: Medical Law Source Type: news

Magistrate Judge Agrees With Disability Claimant, Says Rebuttal Was Not Timely
LOUISVILLE, Ky. - A Kentucky federal judge on April 25 granted a disability claimant's motion to exclude an expert witness rebuttal report filed by a disability insurer after determining that the report was not filed by the deadline established by the court (James H. Pogue v. The Northwestern Mutual Life Insurance Co., No. 14-598, W.D. Ky., 2017 U.S. Dist. LEXIS 62227). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 9, 2017 Category: Medical Law Source Type: news

Disability Claimant Permitted To Supplement Record With Treating Physician's Letter
SAN DIEGO - A California federal judge on March 23 permitted a disability claimant to supplement the administrative record to add a letter from his treating physician, noting that the letter will help to clarify the ambiguity of the physician's response to a question posed by the disability insurer (Thomas Reddick v. Metropolitan Life Insurance Co., et al., No. 15-2326, S.D. Calif., 2017 U.S. Dist. LEXIS 42649). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 11, 2017 Category: Medical Law Source Type: news

Federal Judge Affirms Disability Insurer's Decision To Terminate LTD Benefits
DENVER - A disability insurer's decision to terminate a claimant's long-term disability benefits after determining that the claimant was not disabled from performing "any occupation" was not arbitrary and capricious, a Colorado federal judge said March 28 in affirming the denial of benefits (Julie Johnson v. Life Insurance Company of North America, No. 15-699, D. Colo., 2017 U.S. Dist. LEXIS 45643). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 11, 2017 Category: Medical Law Source Type: news

Insurer Properly Considered Doctoral Program Requirements When Terminating Benefits
GRAND RAPIDS, Mich. - A disability insurer's reliance on a claimant's attendance requirements for a doctoral degree program was properly considered by the insurer when it terminated the claimant's long-term disability benefits on the basis that the claimant was not disabled from performing "any gainful occupation," a Michigan federal judge said March 21 in granting the insurer's motion for judgment on the administrative record (Sherri Black v. Metropolitan Life Insurance Co., No. 15-1147, W.D. Mich., 2017 U.S. Dist. LEXIS 40168). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 11, 2017 Category: Medical Law Source Type: news

Claimant No Longer Disabled Under Plan's Terms, Indiana Federal Judge Says
INDIANAPOLIS - The termination of a claimant's long-term disability benefits was not arbitrary and capricious because the claimant was not disabled from "any gainful occupation," an Indiana federal judge said March 17 (Jill A. Stafford v. Anthem Life Insurance Co., et al., No. 15-2032, S.D. Ind., 2017 U.S. Dist. LEXIS 38564). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 11, 2017 Category: Medical Law Source Type: news

Federal Judge Says Remand Of Disability Claim Needed On Reasonable Occupation Issue
NEW HAVEN, Conn. - Because it is not clear from the administrative record whether a disability insurer correctly applied a plan's "reasonable occupation" standard, a Connecticut federal judge on March 20 remanded the claim for further consideration of the reasonable occupation issue (Jeff Schuman v. Aetna Life Insurance Co., et al., No. 15-1006, D. Conn., 2017 U.S. Dist. LEXIS 39388). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 11, 2017 Category: Medical Law Source Type: news

Disability Claimant's Suit Barred; Administrative Remedies Not Exhausted, Judge Says
BIRMINGHAM, Ala. - Because a disability claimant failed to file an administrative appeal within 180 days of the termination of his long-term disability (LTD) benefits, the claimant's suit against the disability insurer is barred, an Alabama federal magistrate judge said March 24 (Joey Horton v. United of Omaha Life Insurance Co., No. 15-933, N.D. Ala., 2017 U.S. Dist. LEXIS 42830). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 11, 2017 Category: Medical Law Source Type: news

Federal Judge Dismisses Third-Party Administrator From Disability Benefits Suit
PHILADELPHIA - A Pennsylvania federal judge on April 4 dismissed a third-party administrator from a disability claimant's suit seeking benefits because the third-party administrator did not exercise final authority over disputed claims (Kimberly Lash v. Reliance Standard Life Insurance Co., et al., No. 16-235, E.D. Pa., 2017 U.S. Dist. LEXIS 51029). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 11, 2017 Category: Medical Law Source Type: news

Insurer Was Not Estopped From Terminating Benefits, Tennessee Federal Judge Says
GREENVILLE, Tenn. - A Tennessee federal judge on March 13 adopted a magistrate judge's report and recommendation to deny a disability claimant's motion for summary judgment after finding no basis for the claimant's objection that the insurer was estopped from terminating his disability benefits (Robert Justice v. Reliance Standard Life Insurance Co., No. 15-134, E.D. Tenn., 2017 U.S. Dist. LEXIS 35388). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 11, 2017 Category: Medical Law Source Type: news