5th Circuit Affirms Ruling That Disability Insurer Did Not Abuse Its Discretion
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Dec. 6 affirmed a district court's ruling that a disability insurer did not abuse its discretion in finding that a claimant was not disabled from performing the duties of her own occupation as an attorney because the objective medical evidence clearly supports the insurer's finding (Anne Wittmann v. Unum Life Insurance Company of America, No. 19-30254, 5th Cir., 2019 U.S. App. LEXIS 36311). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Termination Of LTD Benefits Was Not Based On Substantial Evidence
BALTIMORE - A federal judge in Maryland on Dec. 4 granted a disability claimant's motion for summary judgment and reinstated the claimant's benefits after determining that the disability insurer's termination of long-term disability (LTD) benefits was not based on substantial evidence (Dana Krysztofiak v. Boston Mutual Life Insurance Co., No. 19-0879, D. Md., 2019 U.S. Dist. LEXIS 209452). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Orthopedic Surgeon Not Entitled To Total Disability Benefits, Judge Determines
NEW YORK - A New York federal judge on Jan. 3 granted a disability insurer's motion for summary judgment and denied a disability claimant's motion for summary judgment after determining that an orthopedic surgeon is not entitled to total disability benefits for the periods in which he returned to work because he was still able to complete the majority of his responsibilities as an orthopedic surgeon even though he was unable to perform surgeries (Richard Sternberg v. Paul Revere Life Insurance Co., No. 17-8523, S.D. N.Y., 2020 U.S. Dist. LEXIS 1718). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Disability Claimant Met Plan Requirements To Qualify For Benefits
ANN ARBOR, Mich. - A disability claimant is entitled to short-term disability and long-term disability benefits because the claimant proved by a preponderance of the evidence that she met all four conditions listed in the disability plan to qualify for benefits, a Michigan federal judge said Dec. 17 (Brenda Counts v. United of Omaha Life Insurance Co., No. 18-12312, E.D. Mich., 2019 U.S. Dist. LEXIS 216274). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Disability Insurers Did Not Breach Contract; Mental Limitation Properly Applied
NEW ORLEANS - A Louisiana federal judge on Dec. 13 dismissed a disability claimant's complaint after determining that the disability insurers did not breach their insurance policies by limiting the claimant's benefits to 24 months under the policies' 24-month limitation provision for mental disorders (Allan Cougle v. Berkshire Life Insurance Company of America, et al., No. 19-9257, E.D. La., 2019 U.S. Dist. LEXIS 215019). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Disability Insurer Incorrectly Calculated First Day Of Disability, Judge Concludes
CHICAGO - An Illinois federal judge on Dec. 10 granted a disability claimant's motion for summary judgment after determining that the disability insurer incorrectly calculated the claimant's first day of disability and the salary on which his long-term disability (LTD) benefits should be based (Harlan Ten Pas v. The Lincoln National Life Insurance Co., No. 18-3694, N.D. Ill., 2019 U.S. Dist. LEXIS 212284). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Disability Claimant Cannot Collect Consequential Damages, Judge Says
MINNEAPOLIS - A Minnesota federal judge on Jan. 3 granted a disability insurer's motion for partial summary judgment after determining that a disability claimant failed to prove that the insurer's termination of disability benefits caused the claimant to sustain consequential damages in the form of lost employer-provided health and life insurance (Matthew J. Christoff v. Paul Revere Life Insurance Co., No. 17-3515, D. Minn., 2020 U.S. Dist. LEXIS 808). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Bad Faith Claim Cannot Proceed Without Breach Of Contract, Federal Judge Says
LOUISVILLE, Ky. - A Kentucky federal judge on Dec. 31 granted a disability insurer's motion for summary judgment on a claimant's bad faith claim after determining that the bad faith claim cannot proceed without the breach of contract claim, which was dismissed in a prior ruling by the court (James H. Pogue v. Principal Life Insurance Co., No. 14-599, W.D. Ky., 2019 U.S. Dist. LEXIS 222947). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Disability Claimant Not Permitted To Conduct Extra- Record Discovery, Judge Says
OKLAHOMA CITY - An Oklahoma federal judge on Dec. 6 denied a disability claimant's motion to conduct discovery outside of the administrative record after determining that the claimant failed to carry his burden of proving that the disability insurer's conflict of interest as both claims administrator and claims payer warrants the requested discovery (John Williamson v. Unum Life Insurance Company of America, No. 19-481, W.D. Okla., 2019 U.S. Dist. LEXIS 210631). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Cigna Will Sell Non-Medical Insurance Unit To New York Life For $6.3 Billion
Cigna will sell its group life and disability insurance unit to New York Life Insurance for $6.3 billion in a move to focus squarely on its healthcare business. (Source: Forbes.com Healthcare News)
Source: Forbes.com Healthcare News - December 18, 2019 Category: Pharmaceuticals Authors: Bruce Japsen, Contributor Source Type: news

Disability Claimant Met Burden Of Proving He Remained Disabled
SAN FRANCISCO - A California federal judge on Nov. 27 granted a disability claimant's motion for judgment on the administrative record after determining that the claimant met his burden of proving that he remained disabled from performing the duties of his sedentary occupation as a project manager (Steven S. Garretson v. Metropolitan Life Insurance Co., No. 17-7052, N.D. Calif., 2019 U.S. Dist. LEXIS 206700). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 10, 2019 Category: Medical Law Source Type: news

Termination Of LTD Benefits Supported By Substantial Evidence
LAFAYETTE, La. - The termination of a disability plan participant's long-term disability benefits was not arbitrary and capricious, a Louisiana federal judge said Nov. 12, because the decision to terminate benefits was supported by substantial evidence (Jerry Courville v. Life Insurance Company of North America et al., No. 18-1133, W.D. La., 2019 U.S. Dist. LEXIS 197469). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 10, 2019 Category: Medical Law Source Type: news

Disability Claimant Files Suit Seeking Past, Future LTD Benefits Under Plan
ALEXANDRIA, Va. - A disability claimant filed suit Nov. 13 in Virginia federal court seeking a declaration that she is entitled to past and future long-term disability (LTD) benefits under a plan issued by her employer (Amanda Taylor v. Life Insurance Company of North America, No. 19-1443, E.D. Va.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 10, 2019 Category: Medical Law Source Type: news

Nondisclosure Of Private Health Information Outweighs Public Interest, Judge Says
COLUMBUS, Ohio - An Ohio federal magistrate judge on Nov. 25 granted a disability insurer's request to file a plan participant's claim file under seal because the nondisclosure of the plan participant's private health information outweighs any public interest in the breach of contract and bad faith suit filed against the disability insurer (Barbara Cluck v. Unum Life Insurance Company of America, No. 18-56, S.D. Ohio, 2019 U.S. Dist. LEXIS 203849). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 10, 2019 Category: Medical Law Source Type: news

Attorney Fees Awarded To Disability Claimant Based On Success On Merits
SALT LAKE CITY - A Utah federal judge on Nov. 21 awarded a disability claimant attorney fees after determining that the claimant's success on the merits of a long-term disability (LTD) benefits claim warrants the award of attorney fees (Don Foust v. Lincoln National Life Insurance Co., No. 17-1208, D. Utah, 2019 U.S. Dist. LEXIS 202915). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 10, 2019 Category: Medical Law Source Type: news