Federal Judge Says Disability Insurer Must Determine If Claimant Was 'Made Whole'
COLUMBUS, Ohio - An Ohio federal judge on Sept. 18 remanded a claim to a disability insurer for further fact finding on the issues of whether a disability claimant was made whole by a settlement she received following injuries sustained in a car accident and whether the disability claimant's benefits can be offset based on the settlement (Sepanta Jalali v. Unum Life Insurance Company of America, No. 16-512, S.D. Ohio, 2018 U.S. Dist. LEXIS 159015). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news

High Court Denies Review Of 9th Circuit's Disability Offset Ruling
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 1 denied a disability claimant's petition for writ of certiorari in a dispute regarding the offsetting of the claimant's long-term disability (LTD) benefits to account for Social Security disability income (SSDI) benefits received on behalf of the claimant's dependents (Susan Rene Jones v. Merck Sharpe& Dohme Corp., et al., No. 17-1478, U.S. Sup.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news

Insurer Failed To Consider If Claimant Could Perform Job With 'Reasonable Continuity'
OAKLAND, Calif. - A disability insurer wrongfully denied long-term disability (LTD) benefits to a plan participant suffering from liver cancer because the insurer failed to consider whether the participant could continue to perform the duties of his job with "reasonable continuity," a California federal judge said Sept. 19 (Shelley Lyttle v. United of Omaha Life Insurance Co., No. 17-1361, N.D. Calif., 2018 U.S. Dist. LEXIS 160300). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news

Disability Claimant's LTD Benefits Reinstated; Evidence Supports Disability
BOSTON - A disability claimant is entitled to the reinstatement of long-term disability (LTD) benefits and past due benefits because the claimant met her burden of proving that she is disabled as a result of fibromyalgia from working in her own occupation, a Massachusetts federal judge said Sept. 21 (Judith Kamerer v. Unum Life Insurance Company of America, No. 15-40146, D. Mass., 2018 U.S. Dist. LEXIS 161522). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news

Evidence Supports Finding That Claimant Was Not Disabled From Any Occupation
NEW YORK - A disability insurer's denial of a claimant's long-term disability benefits claim was not arbitrary and capricious because substantial medical evidence supports the insurer's determination that the claimant was not disabled from any occupation, a New York federal judge said Sept. 14 (Lazer Wagschal v. Principal Life Insurance Co., No. 16-1029, S.D. N.Y., 2018 U.S. Dist. LEXIS 157319). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news