Denial Of Disability Benefits Was Abuse Of Discretion, Federal Judge Says
JACKSON, Miss. - Noting that a disability insurer engaged in a "decades-long pattern of arbitrary claim denials and other misdeeds," a Mississippi federal judge on June 29 determined that the insurer's denial of benefits to a claimant was an abuse of discretion because the denial was unsupported by the evidence (Juanita Nichols v. Reliance Standard Life Insurance Co., No. 17-42, S.D. Miss., 2018 U.S. Dist. LEXIS 109526). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2018 Category: Medical Law Source Type: news

Insurer's Denial Of LTD Benefits Was Not Arbitrary Or Capricious, Panel Says
DENVER - A disability insurer did not act arbitrarily or capriciously in denying a plan participant's claim for long-term (LTD) disability benefits because the insurer's denial was supported by substantial evidence, the 10th Circuit U.S. Court of Appeals said June 21 (John Dardick v. Unum Life Insurance Company of America, et al., No. 17-1412, 10th Cir., 2018 U.S. App. LEXIS 16753). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2018 Category: Medical Law Source Type: news

California Federal Judge Overturns Insurer's Denial Of LTD Benefits
SAN FRANCISCO - A disability claimant is entitled to long-term disability (LTD) benefits because the evidence from the claimant's treating physicians and evidence obtained from the disability insurer's medical reviewers support a finding that the claimant is disabled under the plan's any-occupation standard, a California federal judge said June 18 (Sarabjit Sangha v. Cigna Life Insurance Company of New York, No. 17-5158, N.D. Calif., 2018 U.S. Dist. LEXIS 101725). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2018 Category: Medical Law Source Type: news

7th Circuit Panel Says Claimant Is Not Entitled To Total Disability Benefits
CHICAGO - The Seventh Circuit U.S. Court of Appeals on June 21 affirmed a district court's ruling that a disability claimant suffering from invasive basal cell carcinoma in the right ear is not entitled to total disability benefits from his insurer because he is still able to perform all but one of the functions of his occupation as a company president (Henry Fiorentini v. Paul Revere Life Insurance Co., No. 17-3137, 7th Cir., 2018 U.S. App. LEXIS 16741). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2018 Category: Medical Law Source Type: news

Man Tells 10th Circuit Denial Of Benefits Was 'Arbitrary And Capricious'
DENVER - A panel of the 10th Circuit U.S. Court of Appeals on May 15 heard oral arguments in a case in which a man contends that the insurer that denied his claim for long-term disability (LTD) had a conflict of interest and its decision to deny his benefits on the basis of the pre-existing condition limitation was "arbitrary and capricious" (Michael Green v. Life Insurance Company of North America, No. 17-1383, 10th Cir.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2018 Category: Medical Law Source Type: news

Professional Hockey Player's Claims Preempted Under ERISA, Federal Judge Says
DALLAS - A Texas federal judge on June 20 granted a disability insurer's motion to dismiss after determining that a former professional hockey player's claims are preempted under the Employee Retirement Income Security Act (Aaron Rome v. HCC Life Insurance Co., No. 16-2480, N.D. Texas, 2018 U.S. Dist. LEXIS 102962). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2018 Category: Medical Law Source Type: news

Judge: Insured Cannot Recover Attorney Fees In Insurance Bad Faith Dispute
NEW YORK - A New York state court judge on June 18 ruled that it is too early to determine whether an insured is entitled to an award of attorney fees in an insurance breach of contract and bad faith lawsuit because the trial court has yet to decide whether an insurer's actions rose to the level of bad faith (Eric Schneck v. First Unum Life Insurance Co., No. 155800/2012, N.Y. Sup., New York Co., 2018 N.T. Misc. LEXIS 2456). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2018 Category: Medical Law Source Type: news

Louisiana Federal Judge Orders Disability Insurer To Supplement Responses
NEW ORLEANS - A Louisiana federal judge on June 13 ordered a disability insurer to supplement its answers to a disability claimant's interrogatories to include communications with all attorneys consulted regarding the participant's claim for benefits (Anne Wittmann v. Unum Life Insurance Company of America, No. 17-9501, E.D. La., 2018 U.S. Dist. LEXIS 99042). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 10, 2018 Category: Medical Law Source Type: news

New & Resurgent Infectious Diseases Can Have Far-reaching Economic Repercussions
DAVID E. BLOOM is the Clarence James Gamble Professor of Economics and Demography, DANIEL CADARETTE is a research assistant, and JP SEVILLA is a research associate, all at Harvard University’s T.H. Chan School of Public Health.By David E. Bloom, Daniel Cadarette and JP SevillaWASHINGTON DC, Jul 3 2018 (IPS)Infectious diseases and associated mortality have abated, but they remain a significant threat throughout the world.We continue to fight both old pathogens, such as the plague, that have troubled humanity for millennia and new pathogens, such as human immunodeficiency virus (HIV), that have mutated or spilled over ...
Source: IPS Inter Press Service - Health - July 3, 2018 Category: International Medicine & Public Health Authors: David E. Bloom and JP Sevilla Tags: Active Citizens Development & Aid Economy & Trade Global Headlines Health TerraViva United Nations Source Type: news

Life insurance companies no longer treating marijuana use as a high risk like tobacco
Some of Canada's biggest insurance companies have updated their policies on marijuana use. The changes have a major impact on regular users' premiums. (Source: CBC | Health)
Source: CBC | Health - July 2, 2018 Category: Consumer Health News Tags: News/Business Source Type: news

Life insurance companies no longer treating marijuana use as high risk as tobacco
Some of Canada's biggest insurance companies have updated their policies on marijuana use. The changes have a major impact on regular users' premiums. (Source: CBC | Health)
Source: CBC | Health - July 2, 2018 Category: Consumer Health News Tags: News/Business Source Type: news

Disability Insurer's Denial Of Claims Was Reasonable, Federal Judge Determines
CHICAGO - A disability insurer's denial of short-term disability (STD) and long-term disability (LTD) benefits was reasonable as the insurer undertook a thorough review of the claims for benefits, an Illinois federal judge said May 15 in granting the insurer's motion for summary judgment (Shirley Lacko v. United of Omaha Life Insurance Co., No. 17-2100, N.D. Ill., 2018 U.S. Dist. LEXIS 81117). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2018 Category: Medical Law Source Type: news

Woman Asks 4th Circuit To Reverse Disability Insurance Benefit Ruling
RICHMOND, Va. - A North Carolina woman is asking the Fourth Circuit U.S. Court of Appeals to reverse a lower court's ruling regarding her disability insurance coverage claim because benefit increases that she purchased on her policy were wrongly retracted when the insurer initially denied her claim and then later elected to pay benefits to a retroactive date (Jessica Slice-Sadler v. Principal Life Insurance Company, No. 17-2249, 4th Cir.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2018 Category: Medical Law Source Type: news

Disability Claimant Alleges Denials Were Based On Profit-Making Motive
CHATTANOOGA, Tenn. - A disability insurer breached its contract and acted in bad faith when it terminated a claimant's short-term disability (STD) benefits and denied a claim for long-term disability (LTD) benefits because the decisions were based on a profit-making motive rather than the evidence of the claimant's disability, the claimant alleges in a May 14 complaint filed in Tennessee federal court (Janet Mitchell v. Unum Life Insurance Company of America, et al., No. 18-94, E.D. Tenn.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2018 Category: Medical Law Source Type: news

District Court Correctly Dismissed Disability Claimant's Suit, Panel Says
SAN FRANCISCO - A district court did not abuse its discretion in dismissing a disability claimant's amended complaint because the prelitigation costs and attorney fees sought by the claimant are not available as equitable relief under the Employee Retirement Income Security Act, the Ninth Circuit U.S. Court of Appeals said May 31 (Larry A. Benson v. Life Insurance Company of North America, No. 17-55253, 9th Cir., 2018 U.S. App. LEXIS 14367). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2018 Category: Medical Law Source Type: news

ERISA Prohibited Transaction Claims Alleged Against Disability Insurer Dismissed
WASHINGTON, D.C. - A District of Columbia federal judge on June 6 dismissed claims alleging that a short-term disability (STD) insurance provider violated the Employee Retirement Income Security Act by engaging in prohibited transactions after determining that the plan's trustees failed to prove that the insurer engaged in any transactions that are prohibited under ERISA (Joseph Sellers Jr., et al., v. Anthem Life Insurance Co., No. 16-2428, D. D.C., 2018 U.S. Dist. LEXIS 95278). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2018 Category: Medical Law Source Type: news

Disability Claimant Permitted To Conduct Limited Discovery, Federal Judge Says
DETROIT - A Michigan federal judge on June 1 upheld a magistrate judge's order permitting a disability claimant to conduct limited discovery on the number of times a disability insurer employed a specific doctor to complete medical reviews of long-term disability claims because the claimant made "a sufficient predicate showing" to warrant the limited discovery (Precious Robert Johnson v. Harleysville Life Insurance Co., No. 17-10321, E.D. Mich., 2018 U.S. Dist. LEXIS 92833). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2018 Category: Medical Law Source Type: news

Former Practice Fusion CEO ’s second act is going to market, backed by major life insurers
iBeat, the wearable device startup founded by former Practice Fusion CEO Ryan Howard, has signed up two major life insurance companies as investors and partners as it heads to its retail launch next month. The San Francisco-based company sells a smartwatch that monitors biomarkers like a user’s heart rate, pulse strength, temperature, blood flow and oxygen levels to look for signals indicating a life-threatening cardiac episode and automatically alert emergency authorities. If the device detects … (Source: bizjournals.com Health Care:Physician Practices headlines)
Source: bizjournals.com Health Care:Physician Practices headlines - June 7, 2018 Category: American Health Authors: Kevin Truong Source Type: news

Practice Fusion Founder Wants To Disrupt The Multi-Billion Dollar Market For Medical Alerts
Life insurance companies Transamerica and SCOR invest in heart monitor iBeat to engage with customers and prevent death from cardiac arrest. They plan to offer the smartwatch to policyholders. (Source: Forbes.com Healthcare News)
Source: Forbes.com Healthcare News - June 7, 2018 Category: Pharmaceuticals Authors: Zina Moukheiber, Contributor Source Type: news

Hintsa Performance raises $7.6M for employee wellbeing platform
Hintsa Performance, a Finnish employee wellness tech company that formed last year when H2 Wellbeing (makers of the HeiaHeia app) merged with Hintsa Performance in 2016, has raised $7.6 million ( €6.8 million) in new funding. Life insurance company OP Insurance led the round along with Pontos Group. Previous investor Ilmarinen also participated in the round. (Source: mobihealthnews)
Source: mobihealthnews - June 5, 2018 Category: Information Technology Source Type: news

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