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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&#...
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