Disability Benefits Must Be Reinstated; Evidence Supports Claimant's Inability To Work
CINCINNATI - A disability claimant's benefits must be reinstated because the disability insurer failed to give sufficient weight to the opinions of the claimant's treating physicians, who stated that the claimant was unable to return to work after a leg injury, the Sixth Circuit U.S. Court of Appeals said May 3 in reversing a district court's judgment in favor of the insurer (Richard Wagner v. American United Life Insurance, No. 17-4072, 6th Cir., 2018 U.S. App. LEXIS 11477). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2018 Category: Medical Law Source Type: news

Disability Insurer Acted Arbitrarily, Capriciously In Terminating Benefits
DENVER - A disability insurer acted arbitrarily and capriciously in failing to request additional evidence from a disability claimant and in failing to conduct an independent medical exam because there was evidence suggesting that the claimant was still disabled when the insurer terminated her benefits, a Colorado federal magistrate judge said April 25 in recommending that the insurer's denial of benefits be reversed (Julia Mark v. Aetna Life Insurance Co., et al., No. 17-441, D. Colo., 2018 U.S. Dist. LEXIS 69561). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2018 Category: Medical Law Source Type: news

Disability Benefits Offset Permitted Under Policy At Issue, Federal Judge Says
JOHNSTOWN, Pa. - A Pennsylvania federal judge on March 28 dismissed a disability claimant's suit arising out of an offset applied to long-term disability benefits because the policy at issue clearly allows the insurer to offset benefits by the amount of benefits the claimant's children receive from the Social Security Administration (Anthony Patchell et al., v. Cigna Health and Life Insurance Co., et al., No. 17-161, W.D. Pa.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2018 Category: Medical Law Source Type: news

Eye Condition Qualifies As Pre-Existing Condition, Iowa Federal Magistrate Says
DES MOINES, Iowa - An Iowa federal magistrate judge on April 9 recommended granting judgment in favor a disability insurer because the plan's pre-existing condition provision bars benefits for an eye condition that caused the claimant's blindness (Jeremy J. Timm v. Unum Life Insurance Company of America, No. 17-3019, N.D. Iowa, 2018 U.S. Dist. LEXIS 59522). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2018 Category: Medical Law Source Type: news

Claimant Met Burden Of Proving Radiculopathy Is Cause Of Disability
OAKLAND, Calif. - A California federal judge on May 1 determined that a disability claimant is entitled to long-term disability benefits because the claimant provided ample evidence that he suffers from radiculopathy, an exception to the plan's two-year limitation for disabilities caused by neuromuscular, musculoskeletal or soft tissue disorder (David Do v. Metropolitan Life Insurance Co., No. 16-5097, N.D. Calif., 2018 U.S. Dist. LEXIS 73712). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2018 Category: Medical Law Source Type: news

Disability Claimant Did Not Exhaust Administrative Remedies, Panel Says
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on April 13 affirmed a district court's ruling in favor of a disability insurer after determining that the disability claimant's suit seeking long-term disability benefits fails because the claimant did not exhaust all administrative remedies before filing suit (William Kennedy v. Life Insurance Company of North America, No. 17-5901, 6th Cir., 2018 U.S. App. LEXIS 9214). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2018 Category: Medical Law Source Type: news

District Court Erred In Dismissing Suit Against Accidental Disability Insurers
NEW YORK - The Second Circuit U.S. Court of Appeals on April 12 reversed a district court's dismissal of a suit filed by individuals seeking reimbursement of premiums paid for accidental disability policies after determining that the plaintiffs have standing to assert the claims against the issuers of the policies (Manette DuBuisson, et al. v. Stonebridge Life Insurance Co., et al., No. 16-3526, 2nd Cir., 2018 U.S. App. LEXIS 9180). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2018 Category: Medical Law Source Type: news

Disability Claimant Does Not Have Standing To File Suit Against Insurer
OAKLAND, Calif. - A California federal judge on May 7 granted a disability insurer's motion for summary judgment after determining that the claimant does not have standing to bring suit against the insurer because she was actually not a participant in the long-term disability plan (Brenda Spies v. Life Insurance Company of North America, No. 17-2012, N.D. Calif., 2018 U.S. Dist. LEXIS 76987). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2018 Category: Medical Law Source Type: news

Disability Claimant's Interest In Privacy Supports Sealing Entire Administrative Record
PORTLAND, Ore. - An Oregon federal judge on April 17 granted a disability claimant's motion to file the entire administrative record under seal after determining that the claimant's interest in keeping her personal and medical information private outweighs the right of public access to the information (Alison Gary v. Unum Life Insurance Company of America, No. 17-1414, D. Ore., 2018 U.S. Dist. LEXIS 64186). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2018 Category: Medical Law Source Type: news

Insurer's Reserves Data Deemed Relevant, Discoverable In Long-Term Disability Suit
NEW ALBANY, N.Y. - An Indiana federal judge on May 2 partly sustained an insured's objection to a magistrate's decision not to compel certain documents from her long-term disability insurance provider, concluding that information about the insurer's reserves was relevant to contractual claims over termination of benefits (Lanisa Kelly v. Lincoln National Life Insurance Co., No. 4:15-cv-00126, S.D. Ind., 2018 U.S. Dist. LEXIS 74741). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2018 Category: Medical Law Source Type: news

Disability Claimant Can Supplement Administrative Record With Some Information
SPRINGFIELD, Mass. - A disability claimant is permitted to supplement the administrative record with information from a disability insurer's claims manual pertaining to the handling of vocational analyses and subjective pain complaints because the information is relevant to the review of the claimant's long-term disability benefits claim, a Massachusetts federal magistrate judge said April 23 (Natalya Prohkorova v. Unum Life Insurance Company of America, No. 17-30064, D. Mass., 2018 U.S. Dist. LEXIS 67548). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2018 Category: Medical Law Source Type: news

Disability Insurer Ordered To Supplement Interrogatories With Compensation Information
NEW ORLEANS - A Louisiana federal magistrate judge on April 23 determined that a disability insurer must supplement its answers to a disability claimant's interrogatories regarding compensation paid to attorneys and physicians who advised the disability insurer during the administration of the plan participant's claim, but said the disability insurer is not required to produce information regarding previously investigated and adjusted claims (Anne Wittmann v. Unum Life Insurance Company of America, No. 17-9501, E.D. La., 2018 U.S. Dist. LEXIS 68145). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2018 Category: Medical Law Source Type: news

9th Circuit Panel Denies Disability Plan's Motion For Attorney Fees
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeal on April 27 denied a motion for attorney fees filed by a disability plan and its insurer following the appeals panel's recent finding that a work incentive benefit in a disability policy's summary plan description does not violate the disclosure requirements of the Employee Retirement Income Security Act (Howard Lyle Abrams v. Life Insurance Company of North America, et al., No. 16-55858, 9th Cir., 2018 U.S. App. LEXIS 10919). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2018 Category: Medical Law Source Type: news

Samuel Epstein Leaves Legacy of Cancer Prevention
Dr. Samuel Epstein spent his life advocating cancer prevention and fighting against industries that put workers and consumers at risk. For more than 50 years, Epstein raised awareness of preventable causes of cancer. Among his targets was asbestos, a naturally occurring mineral linked to mesothelioma, lung cancer and other deadly conditions. He’s credited for saying the asbestos industry “successfully suppressed and manipulated information on the carcinogenicity and other hazards of asbestos.” In his 1998 book “The Politics of Cancer Revisited,” Epstein discussed the elaborate cover-up that Jo...
Source: Asbestos and Mesothelioma News - May 2, 2018 Category: Environmental Health Authors: Daniel King Source Type: news

Vapers receive same life insurance rates as cigarette smokers
High street insurers calculate e-cigarettes to be as dangerous as smoking for life insurance policies. Doubts over the safety of vaping means people will receive the same premiums as smokers. (Source: the Mail online | Health)
Source: the Mail online | Health - April 30, 2018 Category: Consumer Health News Source Type: news

Panel Says Refusal To Conduct In-Person Medical Exam Was Arbitrary And Capricious
CINCINNATI - The Sixth Circuit Court of Appeals on March 30 remanded a claim for short-term disability (STD) benefits to the plan administrator for a full and fair review of the claim because the plan administrator's refusal to conduct an in-person medical exam was arbitrary and capricious (Kimberly J. Guest-Marcotte v. Life Insurance Company of North America, et al., No. 17-1233, 6th Cir., 2018 U.S. App. LEXIS 8105). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2018 Category: Medical Law Source Type: news

Disability Insurer's Termination Of Benefits Was Not Abuse Of Discretion
LYNCHBURG, Va. - A disability insurer did not abuse its discretion in terminating a claimant's long-term disability (LTD) benefits because the evidence supports the insurer's conclusion that the claimant was not disabled as an engineer under the plan's any-occupation standard, a Virginia federal judge said March 23 (Melvin Moore v. Life Insurance Company of North America, No. 17-030, W.D. Va., 2018 U.S. Dist. LEXIS 48313). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2018 Category: Medical Law Source Type: news

Disability Claimant Failed To Prove He Is Disabled From His Own Occupation
CHICAGO - An Illinois federal judge on March 14 determined that a disability claimant is not entitled to disability benefits because the claimant failed to prove by a preponderance of the evidence that he is disabled from his own occupation as a plan administrator (Jonas Daniliauskas v. Reliance Standard Life Insurance Co., No. 16-9278, N.D. Ill., 2018 U.S. Dist. LEXIS 42805). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2018 Category: Medical Law Source Type: news

Man Tells 7th Circuit Judge Erred When Making Disability Determination
CHICAGO - A man who suffering from invasive basal cell carcinoma in the right ear tells the Seventh Circuit U.S. Court of Appeals in a Jan. 19 brief that a federal judge in Illinois erred when finding that he was not entitled to total disability benefits from his insurer because he cannot complete the duties that his work requires (Henry Fiorentini v. Paul Revere Life Insurance Co., No. 17-3137, 7th Cir.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2018 Category: Medical Law Source Type: news

Disability Benefits Properly Terminated Based On Plan's Mental Health Limitation
GRAND RAPIDS, Mich. - A disability insurer's termination of a claimant's benefits pursuant to the disability plan's 24-month mental health limitation is supported by the evidence in the administrative record, a Michigan federal judge said March 19 in granting judgment in favor of the insurer (Timothy O'Neill v. Unum Life Insurance Company of America, No. 16-1061. W.D. Mich., 2018 U.S. Dist. LEXIS 43878). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2018 Category: Medical Law Source Type: news

Fiduciary Exception To Attorney-Client Privilege Applies, Magistrate Says
MINNEAPOLIS - A disability insurer cannot assert that the attorney-client privilege applied to a number of withheld documents because the communications arising out of a claimant's request for plan documents were a matter of plan administration and fall under the fiduciary exception, a Minnesota federal magistrate judge said March 15 (Michael Christoff v. Unum Life Insurance Company of America, No. 17-3512, D. Minn., 2018 U.S. Dist. LEXIS 43535). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2018 Category: Medical Law Source Type: news

Disability Claimant Can Supplement Record With Additional Medical Evidence
PORTLAND, Ore. - A disability claimant is permitted to supplement the administrative record with evidence in support of her disability because the disability insurer failed to provide the claimant with the opportunity for a full and fair review when it issued a new basis for its decision on appeal, an Oregon federal judge said March 12 (Alison Gary v. Unum Life Insurance Company of America, No. 17-1414, D. Ore., 2018 U.S. Dist. LEXIS 40672). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2018 Category: Medical Law Source Type: news

Disability Insurer Is Not Plan Administrator; Penalties Not Available, Federal Judge Says
ST. LOUIS - A Missouri federal judge on March 23 determined that a disability claimant cannot recover damages from a disability insurer for failure to produce requested plan documents because the insurer was not the plan administrator (Rebecca Dunivin v. Life Insurance Company of North America, et al., No. 17-1530, E.D. Mo., 2018 U.S. Dist. LEXIS 48164). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2018 Category: Medical Law Source Type: news

Model created to help life insurers calculate breast cancer survivors' risk of death
(ECCO-the European CanCer Organisation) As early detection and treatment of breast cancer improves, more and more women are surviving the disease. However, they still face challenges, which include determining the moment when it might be reasonable to state they are 'cured' of the disease, and obtaining life insurance. At the European Breast Cancer Conference Dutch researchers describe how they have created a model to help life insurers calculate breast cancer survivors' risk of death more accurately (Source: EurekAlert! - Social and Behavioral Science)
Source: EurekAlert! - Social and Behavioral Science - March 21, 2018 Category: International Medicine & Public Health Source Type: news

Federal Judge Says Fact Issues Remain On Denial Of Disability Claimant's Appeal
NEW YORK - After determining that a de novo standard of review applies in a disability benefits dispute, a New York federal judge on March 5 found that the insurer's initial denial of long-term disability (LTD) benefits was justified but said that a question of fact exists as to whether the insurer properly denied the claimant's administrative appeal (Alexander Sigal v. Metropolitan Life Insurance Co., No. 16-3397, S.D. N.Y., 2018 U.S. Dist. LEXIS 35534). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2018 Category: Medical Law Source Type: news

9th Circuit Reverses, Remands Denial Of Benefits For Woman With MS, Fatigue
PASADENA, Calif. - A woman proved that her multiple sclerosis (MS) caused debilitating fatigue, rendering her totally disabled under the Employee Retirement Income Security Act, the Ninth Circuit U.S. Court of Appeals ruled Feb. 13, reversing and remanding a federal court's conclusion that Aetna Life Insurance Co. properly denied benefits (Margueritte Kibel v. Aetna Life Insurance Company, No. 16-56169, 9th Cir., 2018 U.S. App. LEXIS 3367). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2018 Category: Medical Law Source Type: news

7th Circuit: Sales Manager Waived Untimeliness Argument In LTD Dispute
CHICAGO - An employee seeking long-term disability (LTD) benefits effectively waived his right to challenge the untimeliness of the initial denial of his claim as he chose to pursue an appeal first rather than filing suit, a Seventh Circuit U.S. Court of Appeals panel ruled Feb. 14 (John Dragus v. Reliance Standard Life Insurance Company, No. 17-1752, 7th Cir., 2018 U.S. App. LEXIS 3444). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2018 Category: Medical Law Source Type: news

Claimant Failed To Prove Back Pain Was Sole Cause Of Disability
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Feb. 12 affirmed a district court's ruling that a disability insurer's termination of benefits was not arbitrary and capricious because the claimant failed to prove that she suffered solely from a physical disability that precluded her from performing the duties of any occupation (Serilyn Krash v. Reliance Standard Life Insurance Group, No. 17-1814, 3rd Cir., 2018 U.S. App. LEXIS 3240). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2018 Category: Medical Law Source Type: news

Work Incentive Benefit Was Properly Applied To Offset Disability Benefits
SAN FRANCISCO - A work incentive benefit included in a disability policy's summary plan description does not violate the disclosure requirements of the Employee Retirement Income Security Act and was properly applied to offset a disability claimant's monthly benefits, the Ninth Circuit U.S. Court of Appeal said March 7 (Howard Lyle Abrams v. Life Insurance Company of North America, et al., No. 16-55858, 9th Cir., 2018 U.S. App. LEXIS 5780). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2018 Category: Medical Law Source Type: news

Federal Judge Seals Administrative Record In Disability Insurance Dispute
SEATTLE - A Washington federal judge on Feb. 12 granted a motion jointly filed by both parties to seal the entire administrative record of a disability insurance dispute, finding that the plaintiff's right to medical privacy and the inability to redact portions of the record outweigh the public's right to access the information (David Alan Anderson v. Unum Life Insurance Company of America, No. C17-0659-JCC, W.D. Wash., 2018 U.S. Dist. LEXIS 22661). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2018 Category: Medical Law Source Type: news

Denial Of Disability Benefits Was Not Arbitrary, Capricious, Federal Judge Says
LEXINGTON, Ky. - A Kentucky federal judge on Feb. 5 affirmed a disability plan's denial of long-term disability benefits after determining that the evidence supports the denial of benefits for the claimant's injury and that the plan provided a reasoned explanation for its denial of benefits (Tracy Kellar v. Aetna Life Insurance Co., et al., No. 17-81, E.D. Ky., 2018 U.S. Dist. LEXIS 18065). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 13, 2018 Category: Medical Law Source Type: news

Indiana Federal Judge Says Plan's Denial Of Disability Benefits Must Be Affirmed
SOUTH BEND, Ind. - Noting that an arbitrary and capricious standard of review applies in a disability benefits dispute based on a district court's prior decision, an Indiana federal judge on Jan. 17 affirmed the disability insurer's denial of benefits on the basis that there is rational support for the insurer's denial of benefits (Donald Fessenden v. Reliance Standard Life Insurance Co., et al., No. 15-370, N.D. Ind., 2018 U.S. Dist. LEXIS 7754). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 13, 2018 Category: Medical Law Source Type: news

Disability Claimant Is Owed Benefits Under Any-Occupation Standard, Federal Judge Says
TUCSON, Ariz. - An Arizona federal judge on Jan. 19 determined that a disability claimant is entitled to current and retroactive long-term disability (LTD) benefits because the evidence supports a finding that the claimant is clearly disabled from performing the duties of any occupation (Rebecca Brown v. Life Insurance Company of North America, et al., No. 16-162, D. Ariz., 2018 U.S. Dist. LEXIS 9759). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 13, 2018 Category: Medical Law Source Type: news

9th Circuit Panel Denies Petition For Rehearing In Disability Offset Suit
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 9 refused to reconsider its ruling that a disability plan administrator did not abuse its discretion in offsetting a claimant's long-term disability (LTD) benefits to account for Social Security disability income (SSDI) benefits that she receives for her dependents (Susan Rene Jones v. Life Insurance Company of North America, et al., No. 16-16172, 9th Cir., 2018 U.S. App. LEXIS 565). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 13, 2018 Category: Medical Law Source Type: news

Texas Federal Judge Dismisses Remaining Bias Claim In Gender Dysphoria Suit
DALLAS - A Texas federal judge on Jan. 26 dismissed the remaining discrimination claim in a disability claimant's suit seeking benefits under a short-term disability (STD) plan for breast augmentation surgery to treat the illness of gender dysphoria after determining that the claimant failed to prove that the employer discriminated against her under Title VII of the Civil Rights Act (Charlize Marie Baker v. Aetna Life Insurance Co., et al., No. 15-3679, N.D. Texas; 2018 U.S. Dist. LEXIS 12854). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 13, 2018 Category: Medical Law Source Type: news

Disability Claimant Failed To Exhaust Administrative Remedies, 6th Circuit Says
CINCINNATI - A claim alleging that a disability insurer violated the Employee Retirement Income Security Act when it offset a plan participant's disability benefits was properly dismissed because the claim arose under the disability plan and the claimant was required to administratively exhaust the plan's remedies or plead futility, neither of which the claimant did, the Sixth Circuit U.S. Court of Appeals said Jan. 23 (Oliver H. Barber III, et al. v. Lincoln National Life Insurance Co., No. 17-5588, 6th Cir., 2018 U.S. App. LEXIS 1560). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 13, 2018 Category: Medical Law Source Type: news

Statute Of Limitations Bars Disability Claimant's Suit, Maryland Federal Judge Says
BALTIMORE - A Maryland federal judge on Feb. 1 determined that a disability claimant's breach of contract suit is barred by the applicable statute of limitations because the statute of limitations began to run when the insurer issued its denial letter and not when the insurer denied the claimant's appeal (Nancy F. George v. Massachusetts Mutual Life Insurance Co., No. 17-1073, D. Md., 2018 U.S. Dist. LEXIS 16528). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 13, 2018 Category: Medical Law Source Type: news

Disability Claimant's Suit Dismissed; Nevada Not Proper Venue, Federal Judge Says
LAS VEGAS - A Nevada federal judge on Jan. 24 dismissed a disability claimant's suit against a disability insurer after determining that the claimant failed to prove that Nevada is the proper jurisdiction for the suit (Edgar Ortiz v. Reliance Standard Life Insurance Co., No. 17-580, D. Nev., 2018 U.S. Dist. LEXIS 11374). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 13, 2018 Category: Medical Law Source Type: news

Motion To Transfer Disability Suit Denied; Suit Remains In California
LOS ANGELES - A California federal judge on Feb. 6 denied a motion to transfer a disability claimant's suit to Pennsylvania federal court because the defendants failed to prove that transferring the suit would serve the convenience of the parties and would promote the interests of justice (Stephanie Stefan v. Life Insurance Company of North America, et al., No. 17-6165, C.D. Calif., 2018 U.S. Dist. LEXIS 20356). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 13, 2018 Category: Medical Law Source Type: news

He Took a Drug to Prevent AIDS. Then He Couldn ’ t Get Disability Insurance.
Insurers have denied life and disability coverage to men taking Truvada to prevent H.I.V. infection, say gay rights advocates and medical experts. (Source: NYT Health)
Source: NYT Health - February 12, 2018 Category: Consumer Health News Authors: DONALD G. McNEIL Jr. Tags: Acquired Immune Deficiency Syndrome Truvada (Drug) Discrimination Homosexuality and Bisexuality Life Insurance GLBTQ Legal Advocates and Defenders (GLAD) PrEP (pre-exposure prophylaxis) Mutual of Omaha Source Type: news

Map of US reveals most healthy states for life insurance
A new report from Policygenious revealed Montana and Wyoming are tied for the healthiest state in the US, with just 5.7 percent of life insurance applicants living with a health problem. (Source: the Mail online | Health)
Source: the Mail online | Health - February 2, 2018 Category: Consumer Health News Source Type: news

Is YOUR state healthy?
A new report from Policygenious revealed Montana and Wyoming are tied for the healthiest state in the US, with just 5.7 percent of life insurance applicants living with a health problem. (Source: the Mail online | Health)
Source: the Mail online | Health - February 2, 2018 Category: Consumer Health News Source Type: news

Lincoln Financial Group to acquire Boston insurer for $3.3 billion
Lincoln Financial Group (NYSE: LNC) announced Friday morning it has entered into an agreement to acquire Liberty Life Assurance Co. of Boston from Liberty Mutual Insurance Group for $3.3 billion. When the transaction is completed, Lincoln Financial will retain Liberty’s group benefits business and reinsure Liberty’s individual life and annuity business to Protective Life Insurance Co., based in Birmingham, Ala. Under the terms of the agreement, the $3.3 billion purchase price is broke n down… (Source: bizjournals.com Health Care News Headlines)
Source: bizjournals.com Health Care News Headlines - January 19, 2018 Category: Health Management Authors: Rebecca Troyer Source Type: news

Lincoln Financial Group to acquire Boston insurer for $3.3 billion
Lincoln Financial Group (NYSE: LNC) announced Friday morning it has entered into an agreement to acquire Liberty Life Assurance Co. of Boston from Liberty Mutual Insurance Group for $3.3 billion. When the transaction is completed, Lincoln Financial will retain Liberty’s group benefits business and reinsure Liberty’s individual life and annuity business to Protective Life Insurance Co., based in Birmingham, Ala. Under the terms of the agreement, the $3.3 billion purchase price is broke n down… (Source: bizjournals.com Health Care:Biotechnology headlines)
Source: bizjournals.com Health Care:Biotechnology headlines - January 19, 2018 Category: Biotechnology Authors: Rebecca Troyer Source Type: news

Termination Of Disability Benefits Was Arbitrary, Capricious, Panel Says
DENVER - A district court did not err in reversing a disability insurer's termination of a claimant's long-term disability (LTD) benefits because the insurer failed to address whether the claimant was capable of working on a full-time basis, the 10th Circuit U.S. Court of Appeals said Jan. 2 (Carl Van Steen v. Life Insurance Company of North America, Nos. 16-1405, 16-1421, 10th Cir., 2018 U.S. App. LEXIS 17). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 12, 2018 Category: Medical Law Source Type: news

Disability Insurer Erred In Finding Claimant Could Work In Own Occupation, Judge Says
LOS ANGELES - A California federal judge on Dec. 21 determined that a disability insurer erred in denying a claim for long-term disability benefits under the plan's own-occupation standard because the description of the claimant's position as an assistant news editor in the Department of Labor's Dictionary of Occupational Titles is outdated and does not accurately describe the duties of the claimant's position (Kenneth Popovich v. Metropolitan Life Insurance Co., et al., No. 15-9791, C.D. Calif., 2017 U.S. Dist. LEXIS 210427). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 12, 2018 Category: Medical Law Source Type: news

Termination Of Disability Benefits Was Reasonable Under Any-Occupation Standard
CINCINNATI - A disability insurer's termination of long-term disability (LTD) benefits was not arbitrary and capricious because the insurer's decision to terminate benefits under the plan's any-occupation standard is supported by substantial medical evidence and was based on a deliberate reasoning process, the Sixth Circuit U.S. Court of Appeals said Jan. 2 (Bari Kemper v. Life Insurance Company of North America, et al., No. 16-6507, 6th Cir., 2018 U.S. App. LEXIS 55). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 12, 2018 Category: Medical Law Source Type: news

4th Circuit Affirms Disability Insurer Did Not Abuse Its Discretion
RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Dec. 19 affirmed a district court's ruling that a disability insurer did not abuse its discretion in terminating a claimant's long-term disability (LTD) benefits (Kimberly H. Stoddard v. First Unum Life Insurance Co., No. 16-2065, 4th Cir., 2017 U.S. App. LEXIS 25581). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 12, 2018 Category: Medical Law Source Type: news

U.S. Supreme Court Refuses To Review 2nd Circuit's Offset Ruling
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 11 refused to review the Second Circuit U.S. Court of Appeals' ruling that a New York law barring the offset of a claimant's disability benefits with the proceeds of the claimant's settlement of a personal injury suit is not preempted by the Employee Retirement Income Security Act (Aetna Life Insurance Co. v. Salvatore Arnone, No. 17-416, U.S. Sup.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 12, 2018 Category: Medical Law Source Type: news

Insurer Entitled To Offset LTD Benefits Based On Social Security Awards
NEW ORLEANS - A disability insurer was entitled to offset a claimant's long-term disability (LTD) benefits based on his Social Security disability award and a separate award to his son for family Social Security disability benefits, a Louisiana federal judge said Dec. 19 in granting the insurer's motion for summary judgment (John Jackson v. Aetna Life Insurance Co., No. 16-15837, E.D. La., 2017 U.S. Dist. LEXIS 208188). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 12, 2018 Category: Medical Law Source Type: news