Termination Of LTD Benefits Was Not Arbitrary, Capricious, Federal Judge Says
LAFAYETTE, La. - A disability insurer's termination of disability benefits based on its finding that the claimant was not disabled from any occupation was not arbitrary and capricious because the insurer considered the opinion of the claimant's treating physician and the insurer based its decision on substantial medical evidence, a Louisiana federal judge said Nov. 5 (Darrell Goodman v. Reliance Standard Life Insurance Co., No. 18-623, W.D. La., 2019 U.S. Dist. LEXIS 193123). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news
Disability Claimant Failed To Prove She Is Disabled From Performing Any Occupation
COVINGTON, Ky. - A Kentucky federal judge on Nov. 5 denied a disability claimant's motion for judgment on the administrative record after determining that the claimant failed to prove that she is incapable of performing any reasonable occupation as defined by the disability plan (Lisa Meiman v. Aetna Life Insurance Co., No. 18-75, E.D. Ky., 2019 U.S. Dist. LEXIS 191448). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news
6th Circuit Majority Says Disability Insurer's Benefits Denial Was Not Reasonable
CINCINNATI - The majority of a Sixth Circuit U.S. Court of Appeals panel on Oct. 31 vacated a district court's judgment in favor of a disability insurer after determining that the insurer's denial of disability benefits was arbitrary and capricious because the insurer's decision was not the result of a deliberate, principled reasoning process regarding the claimant's ability to perform her job as a nurse (Susan Card v. Principal Life Insurance Co., No. 18-6095, 6th Cir., 2019 U.S. App. LEXIS 32573). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news
Judgment Properly Entered For Disability Insurer, 9th Circuit Panel Says
SAN DIEGO - A district court did not err in entering judgment in favor of a disability insurer because the disability claimant failed to prove that she was unable to perform the duties of her own occupation while she was still employed by her former employer and because the district court properly considered all of the claimant's evidence, the Ninth Circuit U.S. Court of Appeals said Oct. 18 (Kelly Demko v. Unum Life Insurance Company of America, No. 18-55428, 9th Cir., 2019 U.S. App. LEXIS 31102). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news
Disability Claimant Entitled To STD Benefits, Wisconsin Federal Judge Determines
MADISON, Wis. - A Wisconsin federal judge on Oct. 29 awarded a disability claimant short-term disability (STD) benefits after determining that a disability insurer failed to consider all of the job duties required of the claimant, rather than the modified job duties performed by the claimant, when it denied her claim for benefits (Catherine A. Mathews v. The Northwestern Mutual Life Insurance Co., No. 18-46, W.D. Wisc., 2019 U.S. Dist. LEXIS 186986). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news
Pre-Existing Condition Exclusion Bars LTD Benefits For Drug Dependence
ATLANTA - A disability insurer's denial of a long-term disability claim for substance abuse was not arbitrary and capricious because the medical evidence supports the insurer's finding that the pre-existing condition exclusion applied as a bar to benefits, the 11th Circuit U.S. Court of Appeals said Nov. 7 (Anthony J. Ferrizzi v. Reliance Standard Life Insurance Co., No. 18-11803, 11th Cir., 2019 U.S. App. LEXIS 33350). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news
Disability Claimant Says Termination Of Benefits Was Breach Of Contract
FRESNO, Calif. - A disability insurer acted in bad faith and breached its contract in terminating a claimant's long-term disability (LTD) benefits because the insurer's termination was not reasonable and not based on reliable medical evidence, the claimant alleges in an Oct. 15 complaint filed in California federal court (Jennifer Sims v. Life Insurance Company of North America, No. 19-1460, E.D. Calif.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news
Negligence, Misrepresentation Claims To Proceed In Disability Benefits Dispute
KANSAS CITY, Mo. - A disability claimant's negligence and misrepresentation allegations against an insurance broker can proceed because the broker owes an independent duty to the disability claimant, a Kansas federal judge said in refusing to dismiss the misrepresentation and negligence claims (Robert P. Garver v. Principal Life Insurance Co. et al., No. 19-2354, D. Kan., 2019 U.S. Dist. LEXIS 180603). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news
Disability Claimant's Allegations Are Preempted Under ERISA, Judge Says
ASHLAND, Ky. - A Kentucky federal judge on Oct. 3 granted a disability insurer's motion to dismiss after determining that all of the claims alleged against the insurer arise out of its handling of a disability claim and, therefore, are preempted by the Employee Retirement Income Security Act (Lorey Lowe v. Lincoln National Life Insurance Corp., et al., No. 19-31, E.D. Ky., 2019 U.S. Dist. LEXIS 171691). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news
Disability Claimant Failed To Establish Amount In Controversy Exceeds $75K
NEW ORLEANS - A Louisiana federal judge on Oct. 31 dismissed a disability claimant's suit after determining that the claimant failed to establish that the amount in controversy exceeds the federal jurisdictional minimum of $75,000 and that the employee welfare plan is a governmental plan that is exempt from the Employee Retirement Income Security Act (Mary Beth Chauvin v. Symetra Life Insurance Co., No. 19-10493, E.D. La., 2019 U.S. Dist. LEXIS 189596). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news
Kidney Swaps Are Revolutionizing a Broken Organ-Donation System in the U.S.
2017 ended as a banner year for my family, but things didn’t look great at the start. A death sentence met us in a boxing ring, and we had to school ourselves on fighting to live. I never thought much about the 37 million American adults who suffer from kidney disease until my husband Neil became one of them.
Celebrating our first year of marriage in 2001, we learned by accident through an unrelated medical exam that my husband has polycystic kidney disease, an illness which causes the kidneys to fill with cysts over time, rendering the organs unable to function properly. There is no cure. There was nothing to do but...
Source: TIME: Health - November 5, 2019 Category: Consumer Health News Authors: Lisa Emmott Tags: Uncategorized health Healthcare medicine public health Source Type: news
A Sweet Life Insurance Deal: “Buy, Don’t Die”
Call it the " delay death discount. " Engage with the Hancock ' s diabetes wellness program on a continuing basis, and the insurer will cut your life insurance premium by up to 25 percent. (Source: Forbes.com Healthcare News)
Source: Forbes.com Healthcare News - October 29, 2019 Category: Pharmaceuticals Authors: Michael Millenson, Contributor Source Type: news
Health benefits, insurance navigation chatbot Sensely lands $15M
Aflac Corporate Ventures led the round with participation from NMC, Nippon Life Insurance Company, Susquehanna International Group, Sojitz Corporation, Zuelling Pharma and Silicon Valley Bank. (Source: mobihealthnews)
Source: mobihealthnews - October 28, 2019 Category: Information Technology Source Type: news
High Court Denies Review Of Claimant's Petition On Any-Occupation Standard
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 denied a disability claimant's petition for writ of certiorari, refusing to consider the Third Circuit U.S. Court of Appeals' finding that a district court properly remanded a claim for long-term disability (LTD) benefits to determine whether benefits are available under a plan's any-occupation standard (Thomas P. Kelly Jr. v. Reliance Standard Life Insurance Co., et al., No. 19-146, U.S. Sup.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news
Termination Of Disability Benefits Was Not Reasonable; Judge Reinstates Benefits
RIVERSIDE, Calif. - A California federal judge on Sept. 30 reversed a disability plan administrator's termination of long-term disability (LTD) benefits and ordered that the benefits be reinstated after determining that the medical evidence supports a finding that the claimant is disabled from working in any occupation (Julie Hinds v. Life Insurance Company of North America, No. 18-775, C.D. Calif., 2019 U.S. Dist. LEXIS 169478). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news
