Disability Insurer Removes Breach Of Contract, Bad Faith Suit To Federal Court
LOS ANGELES - A disability claimant's suit seeking benefits under an individual disability income policy and alleging claims for breach of contract and bad faith must be removed to California federal court because the amount in controversy exceeds the federal jurisdictional minimum of $75,000, the insurer maintains in a May 14 notice of removal (Julie Borba, M.D. v. The Northwestern Mutual Life Insurance Co., et al., No. 19-4172, C.D. Calif.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

Disability Claimant's Breach Of Contract, Bad Faith Suit Remanded
SANTA ANA, Calif. - A disability claimant's breach of contract and bad faith suit must be remanded to state court because the insurer failed to prove that the claimant is seeking more than $75,000 in damages, a California federal judge said May 23 (Sabrina Dakak v. Fidelity Security Life Insurance Co., No. 19-247, C.D. Calif., 2019 U.S. Dist. LEXIS 87367). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

Alabama Federal Judge Denies Disability Insurers' Confidentiality Motion
MONTGOMERY, Ala. - An Alabama federal judge on May 17 denied a motion to uphold confidentiality designation in a disability benefits dispute after determining that the insurers failed to prove how they would be harmed if a number of exhibits are disclosed (Horace R. Theriot Jr. v. The Northwestern Mutual Life Insurance Co. et al., No. 18-688, M.D. Ala., 2019 U.S. Dist. LEXIS 87538). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

LTD Benefits Claim Dismissed; Plaintiff Failed To Exhaust All Remedies
NEW ORLEANS - A Louisiana federal judge on May 9 dismissed a plaintiff's claim seeking long-term disability (LTD) benefits because the plaintiff failed to exhaust all administrative remedies on the LTD claim (Lea Zerangue v. The Lincoln National Life Insurance Co,, No. 19-1939, E.D. La., 2019 U.S. Dist. LEXIS 78446). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

Disability Claimant's Bad Faith, Breach Of Contract Suit Dismissed As Untimely
FORT LAUDERDALE, Fla. - A Florida federal judge on May 31 dismissed a disability claimant's complaint after determining that the claimant's breach of contract and bad faith allegations are barred by the policy's three-year limitations provision and Delaware's applicable three-year statute of limitations (Douglas Kuber v. The Prudential Insurance Company of America, No. 19-80151, S.D. Fla., 2019 U.S. Dist. LEXIS 92468). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

Disability Insurer's Denial Of Claim Based On Late Notice Was Not Abuse Of Discretion
BOSTON - A disability insurer did not abuse its discretion or act unreasonably in denying a claim for short-term disability benefits based on the claimant's failure to file the claim within 30 days as required by the plan because the insurer's denial based on the late notice was supported by substantial evidence, a Massachusetts federal judge said May 10 (Nancy Lyman v. UNUM Group, et al., No. 17-11530, D. Mass., 2019 U.S. Dist. LEXIS 79516). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

Breach Of Fiduciary Claim Against Disability Insurer To Proceed, Judge Says
KANSAS CITY, Kan. - A Kansas federal judge on May 24 denied a disability insurer's motion to dismiss a breach of fiduciary duty claim arising out of the insurer's administration of a plan participant's benefits claim because dismissal of the breach of fiduciary allegation would be premature (Kelly Dean Brende v. Reliance Standard Life Insurance Co., Nos. 15-9711, 19-2042, D. Kan., 2019 U.S. Dist. LEXIS 87777). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

LTD Benefits Must Be Paid Based On Claimant's Full Salary, Judge Determines
CHICAGO - A disability claimant's long-term disability (LTD) benefits must be based on the claimant's full salary and not a reduced salary incorrectly implemented for two months by his employer because the terms of the claimant's employment agreement provided that the claimant would receive a full salary beyond the date upon which the claimant became disabled, an Illinois federal judge said May 21 in granting the claimant's motion for summary judgment (David Schewitz, M.D. v. Aetna Life Insurance Co., No. 18-6119, N.D. Ill., 2019 U.S. Dist. LEXIS 85157). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

Disability Benefits Properly Calculated According To Plan Terms, Panel Says
SEATTLE - The Ninth Circuit U.S. Court of Appeals on May 21 determined that a district court did not err in finding that a disability insurer properly calculated a claimant's long-term disability (LTD) benefits because the claimant's benefits were calculated in accordance with the plan's terms (Deborah A. Johnson v. General Electric Co. et al., No. 18-35581, 9th Cir., 2019 U.S. App. LEXIS 15019). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
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Disability Insurer, Claimant Reach Agreement In Dispute Over Calculation Of Benefits
SAN FRANCISCO - Following the settlement of a long-term disability (LTD) benefits dispute, the Ninth Circuit U.S. Court of Appeals on June 3 dismissed the disability insurer's appeal of a district court decision to remand the claim to the plan administrator to recalculate the claimant's monthly benefits to include the claimant's commissions and monthly and quarterly bonuses (Remy Renault v. Unum Life Ins. Co. of America, et al., No. 19-55254, 9th Cir., 2019 U.S. App. LEXIS 16740). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

Overpayment Claim In NFL Disability Benefits Dispute Will Proceed
TAMPA, Fla. - A Florida federal judge on May 28 allowed a former National Football League player's claim regarding overpayment of disability benefits to proceed after determining that the overpayment issue is separate and distinct from the issue of whether the plan abused its discretion in terminating the player's benefits (Tyrone Keys v. Bert Bell/Pete Rozelle NFL Player Retirement Plan, et al., No. 18-2098, M.D. Fla., 2019 U.S. Dist. LEXIS 88486). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

Issues Of Fact Exist As To Whether Claimant Is Owed Total Disability Benefits
WEST PALM BEACH, Fla. - A Florida federal judge on May 30 denied a disability income insurer's motion for summary judgment and referred the disability claimant's suit to a federal magistrate judge for a settlement conference after determining that questions of fact exist as to whether the claimant was entitled to total disability benefits under the policy (Joseph J. Thomas v. The Northwestern Mutual Life Insurance Co., No. 18-14166, S.D. Fla., 2019 U.S. Dist. LEXIS 90543). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

Disability Claimant Appeals Ruling For Plan In LTD Benefits Dispute
ATLANTA - A disability claimant filed a notice of appeal to the 11th Circuit U.S. Court of Appeals on April 19, seeking review of a Florida federal court's finding that a disability plan's termination of long-term disability (LTD) benefits was reasonable based on the evidence considered by the plan administrator (Shenita Sapp v. AT&T Services Inc., et al., No. 19-11471, 11th Cir.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

Federal Magistrate Recommends Dismissal Of Disability Claimant's Bad Faith Suit
MIAMI - A Florida federal magistrate judge on May 31 recommended that a disability insurer's motion to dismiss be granted after determining that the claimant failed to state a claim for breach of contract and cannot allege a bad faith claim until a determination of liability is made (Rodolfo Molina v. Provident Life& Accident Co., No. 18-24413, S.D. Fla., 2019 U.S. Dist. LEXIS 92479). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

NFL Player's Disability Benefits Award Supported By Evidence, Plan Argues
ATLANTA - A district court did not err in granting a disability plan's motion for judgment on the administrative record because the plan's award of disability benefits to a former National Football League (NFL) player was reasonable and supported by substantial evidence, the plan argues in its June 5 brief to the 11th Circuit U.S. Court of Appeals (Darren Mickell v. Bert Bell/Pete Rozelle NFL Players Retirement Plan, No. 19-10651, 11th Cir.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

Evidence Supports Insurer's Termination Of Disability Benefits, Panel Affirms
SEATTLE - A district court did not err in entering judgment in favor of a disability insurer because the insurer's termination of benefits is supported by sufficient evidence, the Ninth Circuit U.S. Court of Appeals said May 31 (Todd J. Mickel v. Unum Group, dba Paul Revere Life Insurance Co., No. 18-35178, 9th Cir., 2019 U.S. App. LEXIS 16354). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

LTD Benefits Owed; Claimant Is Not Capable Of Working In Any Occupation, Judge Says
MINNEAPOLIS - A disability claimant is entitled to long-term disability (LTD) benefits under a plan's any-occupation standard because the evidence clearly shows that the claimant is not capable of working in a sedentary position as a result of her disability, a Minnesota federal judge said May 28 (Melissa A. McIntyre v. Reliance Standard Life Insurance Co., No. 17-5134, D. Minn., 2019 U.S. Dist. LEXIS 88536). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

Disability Benefits Owed To Claimant, Alabama Federal Judge Determines
BIRMINGHAM, Ala. - A disability claimant is entitled to long-term disability (LTD) benefits under his employer's disability plan because the evidence supports a finding that the claimant was unable to perform the material duties of his regular occupation, an Alabama federal judge said May 20 in granting the claimant's motion for summary judgment (Bobby Johns Wiley v. United of Omaha Life Insurance Co., No. 16-1936, N.D. Ala., 2019 U.S. Dist. LEXIS 84077). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

Disability Insurer Did Not Have To Consider Each Of Claimant's Unique Job Duties
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 23 reversed and remanded a district court's ruling in favor of a disability claimant after determining that the insurer's denial of benefits was not an abuse of discretion because, according to Fifth Circuit precedent, the insurer properly considered the general duties of the claimant's regular occupation and did not have to account for each of the claimant's unique job duties (Juanita Nichols v. Reliance Standard Life Insurance Co., No. 18-60499, 5th Cir., 2019 U.S. App. LEXIS 15396). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

High Court Denies Petition, Allows Ruling In Disability Insurer's Favor To Stand
WASHINGTON, D.C. - The U.S. Supreme Court on May 28 denied a disability claimant's petition for writ of certiorari, refusing to review the Sixth Circuit U.S. Court of Appeals' decision that the disability claimant was not disabled from his own occupation as an anesthesiologist because the medical evidence supported the insurer's finding that the claimant could perform the duties of his own occupation with appropriate accommodations (Timothy O'Neill D.O. v. Unum Life Insurance Company of America, No. 18-1305, U.S. Sup.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news

Disability Claimant Defends Anti-Insurer Gripe Site, Opposes Contempt Motion
PORTLAND, Maine - Stating that his insurer's attorney "whines like a harpy," a pro se defendant filed a brief in Maine federal court April 12, opposing a motion for contempt by his long-term disability (LTD) provider over his relaunch of a website critical of the insurer that purportedly contained information that he was forbidden to post pursuant to a preliminary injunction in a lawsuit alleging defamation and trademark and copyright infringement (Symetra Life Insurance Co. v. Guy Raymond Emerson, No. 2:18-cv-00492, D. Maine). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Federal Magistrate Judge Recommends Granting Motion For Attorney Fees
OAKLAND, Calif. - A California federal magistrate judge on May 1 recommended granting a disability claimant's motion for attorney fees and costs after determining that the claimant achieved some success on the merits of his claim (Eric Dmuchowsky v. Sky Chefs Inc., No. 18-1559, N.D. Calif., 2019 U.S. Dist. LEXIS 73752). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Discovery Is Limited To Administrative Record, Texas Federal Judge Says
DALLAS - Additional discovery regarding a disability insurer's alleged conflict of interest and procedural unreasonableness is not warranted because under the applicable de novo standard of review, discovery is limited to the administrate record, a Texas federal judge said April 22 in denying the disability claimant's motion to compel discovery (Jose Chavez v. Standard Insurance Co., No. 18-2013, N.D. Texas, 2019 U.S. Dist. LEXIS 67669). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Documents Will Not Be Excluded From Administrative Record, Magistrate Judge Says
MADISON, Wis. - A Wisconsin federal magistrate judge on May 3 denied a disability claimant's motion to exclude the plan's insurance certificate and appointment of claim fiduciary form from the administrative record after determining that the claimant failed to provide any citation to statutory or case law that requires the exclusion of the documents from the administrative record based on the claim administrator's failure to provide the documents to the claimant upon request (Joleen M. Lerch v. Life Insurance Company of North America, No. 18-589, W.D. Wis., 2019 U.S. Dist. LEXIS 74946). (Source: LexisNexis® Mealey's&tr...
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Disability, Life Insurance Plan Not Exempt From ERISA, Federal Judge Says
WHITE PLAINS, N.Y. - A disability and life insurance plan provided to employees of a public library is not exempt under the governmental agency exception in the Employee Retirement Income Security Act because the library does not qualify as an agency of the government of New York City or the borough of Brooklyn, a New York federal judge said April 18 in denying the disability claimant's motion to remand (Brian J. Skornick v. Principal Financial Group, et al., No. 18-4324, S.D. N.Y., 2019 U.S. Dist. LEXIS 66124). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Disability Claimant's Suit Is Barred By Policy's 3-Year Limitations Provision
NEW YORK - A district court did not err in finding that a disability claimant's suit is barred by a disability policy's three-year limitations provision because the limitations provision is not unreasonably short and the claimant did not file suit until more than seven years later, the Second Circuit U.S. Court of Appeals said April 12 in affirming the lower court's opinion (Susan Arkun v. Unum Group, et al., No. 17-3354, 2nd Cir., 2019 U.S. App. LEXIS 10843). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Disability Insurer Says High Court's Review Is Not Warranted
WASHINGTON, D.C. - The U.S. Supreme Court should deny a disability claimant's petition for writ of certiorari because the questions presented by the claimant were not litigated in the lower courts and, therefore, are not suitable for the high court's review, the insurer argues in a May 2 response brief (Timothy P. O'Leary v. Aetna Life Insurance Co., No. 18-1266, U.S. Sup.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Disability Claimant Says LTD Benefits Were Wrongfully Terminated Under ERISA
PROVIDENCE, R.I. - In a May 6 complaint filed in Rhode Island federal court, a disability claimant who was employed by the Mashantucket Pequot Tribal Nation as a casino dealer in Connecticut alleges that the Tribal Nation and its disability insurer violated the Employee Retirement Income Security Act when they terminated her long-term disability (LTD) benefits (Nubia Mazzarese v. Mashantucket Pequot Tribal Nation, et al., No. 19-260, D. R.I.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Federal Magistrate Judge Says Denial Of Benefits Was Not Abuse Of Discretion
ST. LOUIS - A Missouri federal magistrate judge on May 7 upheld a disability plan's decision to deny a claimant's long-term disability benefits after determining that the plan's decision was reasonable and supported by substantial evidence (Harry DaPron v. Spire Inc. Retirement Plans Committee, No. 17-2671, E.D. Mo., 2019 U.S. Dist. LEXIS 76828). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Disability Claimant Was Employee Of Company; Benefits Wrongfully Denied
SALT LAKE CITY - A disability insurer wrongfully denied a claim for long-term disability benefits because the claimant was still considered an employee of the company when his disability arose, a Utah federal judge said April 29 in finding that the insurer incorrectly determined that the employee was no longer insured under the company's disability plan (David G. Carlile v. Reliance Standard Insurance Co., et al., No. 17-1049, D. Utah, 2019 U.S. Dist. LEXIS 72687). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Denial Of Disability Benefits Was Not Abuse Of Discretion, Oregon Federal Judge Says
PORTLAND, Ore. - An Oregon federal judge on April 29 granted a disability insurer's motion for summary judgment after determining that the insurer did not abuse its discretion in denying a claim for long-term disability (LTD) benefits because the insurer's decision was not unreasonable based on the evidence (Alison Gary v. Unum Life Insurance Company of America, No. 17-1414, D. Ore., 2019 U.S. Dist. LEXIS 71740). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Evidence Supports Finding That Claimant Is Disabled From Any Occupation
DETROIT - A disability claimant's benefits must be reinstated because the evidence supports a finding that the claimant is not capable of performing the duties of any occupation, a Michigan federal judge said April 10 (Carianne DeRoo v. Unum Life Insurance Company of America, No. 18-11216, E.D. Mich., 2019 U.S. Dist. LEXIS 61531). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Termination Of LTD Benefits Reasonable Based On Evidence, Panel Says
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 25 affirmed a district court's summary judgment ruling in favor of a disability insurer after determining that the insurer's termination of long-term disability benefits was reasonable based on the evidence considered by the insurer (Kenneth Baker v. Sun Life and Health Insurance Co., No. 17-2048, 3rd Cir.; 2019 U.S. App. LEXIS 12415). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Bench Trial To Be Held In Long-Term Disability Benefits Dispute
ROCHESTER, N.Y. - A New York federal judge on April 5 adopted a magistrate judge's recommendation that a bench trial be scheduled in a disability benefits dispute because issues of fact exist regarding the claimant's ability to perform the duties of his own occupation (Farooq Khan v. Provident Life& Accident Co., No. 15-811, W.D. N.Y., 2019 U.S. Dist. LEXIS 59204). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Jury Verdict In Favor Of Disability Claimant Supported By Evidence
DENVER - A Colorado federal judge on April 26 denied a disability insurer's renewed motion for judgment as a matter of law after determining that a jury's verdict in favor of the disability claimant was supported by the evidence presented at trial (Brenda Sandoval v. Unum Life Insurance Company of America, No. 17-644, D. Colo., 2019 U.S. Dist. LEXIS 70891). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Disability Claimant Denied Full, Fair Review, Arkansas Federal Judge Determines
FORT SMITH, Ark. - An Arkansas federal judge on April 9 determined that a disability claimant was deprived of a full and fair review of her disability claim because the plan administrator failed to identify and consider the material duties of the claimant's occupation (Dinora Reyes v. USAble Life, et al., No. 18-2075, W.D. Ark., 2019 U.S. Dist. LEXIS 61002). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Long-Term Disability Benefits Must Be Reinstated, Federal Magistrate Judge Says
PORTLAND, Ore. - A disability claimant's long-term disability (LTD) benefits must be reinstated because the claimant is clearly disabled from performing the duties of her own occupation as an attorney, an Oregon federal magistrate judge said May 7 (Bethany Coleman-Fire v. Standard Insurance Co., No.18-180, D. Ore., 2019 U.S. Dist. LEXIS 76726). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Substantial Evidence Supports Disability Insurer's Termination Of Benefits
NEW ORLEANS - A disability insurer did not abuse its discretion in terminating a claimant's long-term disability (LTD) benefits because substantial evidence supported the insurer's finding that the claimant was not disabled from her own occupation as an attorney as a result of migraine headaches, the Fifth Circuit U.S. Court of Appeals said April 4 (Amanda C. Foster v. Principal Life Insurance Co., No. 17-30997, 5th Cir., 2019 U.S. App. LEXIS 9946). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Claimant Not Disabled From Regular Occupation, 5th Circuit Panel Says
NEW ORLEANS - A district court did not err in granting a disability insurer's motion for summary judgment because the insurer properly denied a claim for long-term disability benefits under the policy, the Fifth Circuit U.S. Court of Appeals said April 26 in noting that the claimant is not disabled from his regular occupation (Deo G. Shanker v. United of Omaha Life Insurance Co., No. 18-20616, 5th Cir., 2019 U.S. App. LEXIS 12555). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news

Disability Plan Clearly Required Evidence Of Good Health, Judge Says
GULFPORT, Miss. - Reconsideration of the denial of a disability claimant's motion for summary judgment is not warranted because the disability plan clearly requires applicants to provide evidence of good health to obtain coverage if they failed to enroll in the disability plan within 31 days of eligibility, a Mississippi federal judge said March 11 in denying the disability claimant's motion for reconsideration (Jason Ward v. Aetna Life Insurance Co., No. 17-331, S.D. Miss., 2019 U.S. Dist. LEXIS 38196). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2019 Category: Medical Law Source Type: news

Disability Insurer's Denial Of Benefits Was Not Abuse Of Discretion, Judge Says
HUNTINGTON, W.Va. - A disability insurer did not abuse its discretion in denying a long-term disability (LTD) benefits claim because the insurer considered all of the medical evidence and consulted with two physicians before denying the claim, a West Virginia federal judge said March 27 (Genka Popov v. University Physicians& Surgeons Inc. Long Term Disability Plan, et al., No. 18-296, S.D. W.Va., 2019 U.S. Dist. LEXIS 51685). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2019 Category: Medical Law Source Type: news

Disability Claimant Permitted To Allege Breach Of Contract Claim Under Alabama Law
INDIANAPOLIS - A disability claimant is permitted to file an amended complaint to allege a breach of contract claim under Alabama law against a disability income insurer, an Indiana federal judge said March 28 after determining that Alabama law must be applied to the disability benefits dispute (Chad E. Mathis, M.D. v. Metropolitan Life Insurance Co., a/k/a MetLife, et al., No. 18-1893, S.D. Ind., 2019 U.S. Dist. LEXIS 52703). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2019 Category: Medical Law Source Type: news

Termination Of Disability Benefits Was Proper; Claimant Failed To Provide Information
LOUISVILLE, Ky. - A Kentucky federal judge on March 20 denied a disability claimant's motion for judgment on the administrative record after determining that the disability insurer conducted a full and fair review and that the insurer was entitled to terminate the claimant's benefits after the claimant failed to comply with its request for additional information (Emmanuel J. Quarles v. Hartford Life& Accident Insurance Co., No. 15-372, W.D. Ky., 2019 U.S. Dist. LEXIS 45908). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2019 Category: Medical Law Source Type: news

Panel Affirms Disability Plan's Denial Of Benefits; Decision Was Reasonable
CHICAGO - The Seventh Circuit U.S. Court of Appeals on March 14 affirmed a district court's finding that a disability plan's denial of a claim for disability benefits was reasonable based on the medical evidence and the plan's use of outside medical experts to evaluate the claim (Joseph Reinwand v. National Electrical Benefit Fund, et al., No. 18-2601, 7th Cir., 2019 U.S. App. LEXIS 7492). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2019 Category: Medical Law Source Type: news

Reconsideration Denied; Ruling In Disability Insurer's Favor Stands
PHOENIX - Reconsideration of a ruling that a disability insurer did not breach its contract or act in bad faith by denying a claim for benefits is not warranted, an Arizona federal judge said March 25 in rejecting the claimant's argument that reconsideration is justified because the disability insurer did not accurately state the disability onset date (Cynthia Cheney v. United States Life Insurance Company in the City of New York, et al., No. 17-0004, D. Ariz., 2019 U.S. Dist. LEXIS 14742). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2019 Category: Medical Law Source Type: news

Denial Of Short-Term Disability Benefits Was Not An Abuse Of Discretion
GREENSBORO, N.C. - A disability plan claims administrator did not abuse its discretion in denying a claimant's short-term disability (STD) benefits claim, a North Carolina federal judge said March 28 after determining that the claims administrator's decision was supported by substantial evidence (Eric Jones v. Charter Communications Short Term Disability Plan, No. 17-863, M.D. N.C., 2019 U.S. Dist. LEXIS 52345). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2019 Category: Medical Law Source Type: news

Denial Of STD Claim Was Not Unreasonable, Missouri Federal Judge Determines
ST. LOUIS - The denial of a claim for short-term disability (STD) benefits was not unreasonable based on the evidence in the administrative record and based on the fact that the claimant's treating physicians could not reach a consensus regarding the claimant's functional capacity, a Missouri federal judge said March 14 (Jacqueline E. Presi v. Ascension Health Alliance, et al., No. 16-1857, E.D. Mo., 2019 U.S. Dist. LEXIS 41369). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2019 Category: Medical Law Source Type: news

Disability Claimant Entitled To Increased Monthly Benefits Under Plan, Panel Says
DENVER - A disability insurer incorrectly classified a disability claimant's employment position with a pharmaceutical company, the 10th Circuit U.S. Court of Appeals said April 2 after determining that the evidence supports a district court's conclusion that the claimant's position qualified as a sales position under the plan, entitling the claimant to an increased amount of monthly disability benefits (Lou Hodges v. Life Insurance Company of North America, No. 18-1279, 10th Cir., 2019 U.S. App. LEXIS 9601). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2019 Category: Medical Law Source Type: news

Panel Denies Request To Supplement Record In Disability Benefits Suit
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on March 12 denied a disability claimant's motion to supplement the record on appeal with documents from her Social Security Disability Insurance (SSDI) claim because the Social Security Administration's (SSA) award of benefits was based on a different definition of disability than the "any occupation" definition relied on by the plan (Alice McBurnie v. Life Insurance Company of North America, No. 17-55915, 9th Cir., 2019 U.S. App. LEXIS 7254). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2019 Category: Medical Law Source Type: news

Termination Of LTD Benefits Not Arbitrary, Capricious, Magistrate Judge Says
PITTSBURGH - A Pennsylvania federal magistrate judge on March 15 recommended denying a disability claimant's motion for summary judgment and granting the defendants' motion for summary judgment because the decision to terminate the claimant's disability benefits was not arbitrary and capricious (Gregory Addington v. Senior Vice President Human Resources Consol Energy Inc. et al., No. 17-444, W.D. Pa., 2019 U.S. Dist. LEXIS 43830). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2019 Category: Medical Law Source Type: news