Disability Benefits

News & Analysis as of

CA Increases Paid Family Leave Benefits

In April, California Governor Jerry Brown signed Assembly Bill 908 (AB 908) into law, increasing wage replacement benefits for employees who take leave under California’s existing paid family leave law. Fifteen years after...more

ERISA — 7th Circuit: Under De Novo Review, the Court “Should NOT Resolve[] Doubts or Gaps in the Evidence in [the Claimant’s]...

You know that claimants have the burden to establish eligibility for ERISA-governed disability benefits. Sometimes gaps in coverage can occur when, for example, a claimant alleges disability while using accrued vacation....more

Pokémon GO Home

Since its launch earlier this month, the Pokémon GO app has become the #1 downloaded app and the most searched term on Google. With as many as 25 million users in the U.S. alone, it has become a bigger distraction than...more

The Proposed Code Section 457 Regulations Have Arrived

On June 22, 2016, the IRS finally issued the long-awaited proposed regulations under Internal Revenue Code (“Code”) Section 457. Code Section 457 applies to deferred compensation plans or arrangements of tax-exempt entities...more

Employee Benefits Advisory: New Proposed 457 Regulations May Impact Deferred Compensation Arrangements Maintained by Tax-Exempt...

On June 21, 2016, concurrent with its issuance of proposed regulations under Code section 409A, the IRS also issued proposed regulations under Code section 457, which address deferred compensation arrangements covering...more

Claims Management versus Settlement: Cost Containment Strategies for the End of the Claim (Part 10 of 10) | CSH Law NC Workers'...

This final segment in this “Cost Containment Strategies” Blog series addresses strategies for the end of the worker’s compensation claim. The considerations at this point in the claim are typically whether to keep the claim...more

In the Line at Social Security, I Wonder, Have We Made It Too Easy to Quit?

One of the smartest, most perceptive persons I have ever had the good fortune to know, a gentleman from Worcester who has had a long and highly successful career in accounting and insurance, once said to me, “I’m willing to...more

ERISA: Is It Wrong to Take an Offset for Social Security Benefits Received by the Children of a Long Term Disability Claimant?

Is it wrong to take an offset for Social Security benefits received by the children of a long term disability claimant? No, says a new decision. And… just because you reinstate benefits does not mean you have to provide...more

ERISA: Court’s Short Checklist to Reduce Plaintiff/Claimant Attorney Fees

Attorney fees in ERISA cases continue to be a challenge. What happens when both sides can claim wins during a case? What is a reasonable hourly rate for Plaintiff’s attorneys?...more

Case law development in total and permanent disablement

The recent case of TAL Life Limited v Shuetrim (2016) NSWCA 68 (7 April 2016) raises a number of issues in relation to the assessment of a superannuation fund member's claim for insured total and permanent disablement...more

Don't Fall Victim to Identity Theft While Applying for Disability Benefits

The Social Security Administration and the Federal Trade Commission recently issued warnings for people to be on the lookout for identity thieves seeking personal information in connection with disability benefit...more

ERISA (6th Circuit): Mental Nervous Limitations and Dealing with Arguments of “Organic Cause”

You know that most ERISA disability plans contain a 24-month limitation related to mental/nervous disabilities. But what happens when the claimant alleges the mental illness is “organically caused”? Is that enough to...more

New York Budget Deal Will Bring $15 Minimum Wage and Broad Paid Leave Legislation

On April 4, 2016, New York Governor Andrew Cuomo signed legislation to phase in an increased minimum wage and guarantee paid family leave to all eligible employees throughout New York State. The legislation was part of the...more

Paid Family Leave and $15 Minimum Wage Coming to New York

New York has enacted legislation that, over the next several years, will phase in 12 weeks of paid family leave for all employees, as well as a $15 minimum wage in New York City and other parts of New York State. The...more

New Law Expands California’s Paid Family Leave and State Disability Insurance

Approximately 15 years ago California became the first state to provide paid time off to workers to care for a new child or ailing family member. The law, which is funded by required worker contributions, provides for up to...more

California Governor Signs Paid Family Leave Expansion Into Law

On April 11, 2016, California Governor Jerry Brown signed legislation that will increase the wage replacement rate under the Paid Family Leave program for California workers from its current level of 55 percent to 60 or 70...more

Judge Garland’s ERISA Jurisprudence Reflects His Methodical and Moderate Reputation

With President Obama’s recent nomination of Judge Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit to the U.S. Supreme Court, we thought our loyal readers would be interested to learn a little about Judge...more

Health Alert (Australia) - April 11, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales 6 April 2016 - Fan v South Eastern Sydney Local Health District [2016] NSWCA 64 Mr Fan...more

ERISA (9th Circuit): Denial Letters — Sometimes Forgotten Arguments to Enforce Contractual Limitations Provisions

Must denial letters inform the claimant, seeking ERISA-governed benefits, about the contractual limitations provision? A recent court trend, like with the First, Third and Sixth Circuits, requires denial letters to...more

Statutory and Contractual Limitations Periods and the Events that Trigger Them: Insight from the Fourth Circuit

The Employee Retirement Income Security Act of 1974 (ERISA) does not contain a statute of limitations provision, and courts generally apply the most analogous state law statutory limitation. However, some plans fill the void...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC38454 - In re Daniel N. AC36701 - State v. Adams - AC36701 Dissent - State v. Adams - AC37362 - Deutsche Bank National Trust Co. v. Thompson...more

What is a Permanent Partial Disability Award?

After an employee returns to work after time off from a work-related injury, an employer may be tempted to believe they are off the hook for future payments. Many employers, however, are surprised to find that several months...more

ERISA: Sixth Circuit — No Conflict of Interest with Multi-Employer Benefit Plan, Saving Abuse of Discretion Standard of Review

You already know that evidence of a “conflict of interest” can change the standard of review the court applies in ERISA claims. But proper structuring of multi-employer benefit plans can avoid an inherent conflict of...more

ERISA — 10th Circuit: What Happens When a “Procedural Irregularity” Occurs in an Appeal Denial?

You know that procedural irregularities in an appeal denial of a claim for ERISA-governed benefits can change the standard of review from arbitrary and capricious to de novo review. But not all the time. The claimant should...more

Der Urlaubsabgeltungsanspruch ist vererbbar

Mit einer kurz vor Jahresende veröffentlichten Entscheidung hat das BAG (bereits am 22. September 2015 – Az: 9 ARZ 170/14) festgestellt, dass der Urlaubsabgeltungsanspruch vererbbar ist. Geklagt hatten die Erbinnen eines...more

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