Disability Benefits

News & Analysis as of

Financial Services Regulatory Bulletin - December 2014

In this issue: - CFPB Issues Final Rule on Regulation P: Annual Privacy Notices Can Be Delivered By Posting Online - ‘It Takes Hutzpah!’: D.C. Federal Judge Issues Stunning Rebuke of HUD Disparate Impact Rule...more

Increase Your Chances for Success: Preparing Your Form 24 Application

Whether to file a Form 24 Application is a decision based on the specific facts of each case. Once the decision is made to file a Form 24 Application, it is vital to properly prepare the Form 24 Application to ensure the...more

When is Filing a Form 24 Application Proper?

In North Carolina, if defendants are paying TTD benefits and have not timely and properly denied the compensability of the injured employee’s claim on a Form 61, or if the injured employee has not voluntarily returned to...more

Does a Request for Disability Benefits Qualify as a Request for an Accommodation of Leave Under the ADA?

Last month, the Sixth Circuit Court of Appeals answered this question in the negative and found that an employee’s request for long-term disability benefits did not amount to a request for a reasonable accommodation in the...more

Going Back To Work

The answer to this question depends on the circumstances you find yourself in. For some people, it makes absolute sense to go back to work. For others, going back to work exposes them to a very high chance that they’ll be...more

Taking A New Job

As with almost everything related to the law, an answer to a general question like this really depends on what’s going on in your case. Maybe you should. Maybe you shouldn’t. What we’re going to do here is talk about some...more

Additional Leave May Be Required Under ADA Even if Maximum Leave Is Exhausted

In Casteel v. Charter Communications, Inc., No. C13-5520 RJB (W.D. Wash. Oct. 23, 2014), a federal judge in Western Washington denied an employer’s motion for summary judgment on a failure-to-accommodate claim under the...more

High Court Rejects “Dual Purpose” Doctrine for Workers’ Compensation Claims

A home health nurse was employed to provide in-home health care services to her employer’s clients. On a typical day, she traveled from one patient’s home to another in her personal vehicle. When working weekends, she was...more

An Employer Who Didn't Bother To Get Workers' Compensation Insurance

When an injured employee discovered his employer, Hilton Head Housecare, didn’t have workers’ compensation insurance, the North Carolina Industrial Commission fined the company and owner, ordered them to pay the employee the...more

What You Have To Do To Get More Disability After Your Case Closed

You may be entitled to additional disability compensation, even if the adjuster is telling you that your case is closed, if you can show two things. First, you have to show that you have a compensable case that you haven’t...more

Just Because You Hurt Isn't Enough To Establish You're Entitled To Benefits

As we’ve discussed, you have to prove that you’ve been injured as a result of your work-related accident to get medical treatment for that injury. One of the common misconceptions that can arise out of workers’ comp claims...more

Getting More Treatment

A lot of times we’ll get calls from injured workers saying that the adjuster has told them their case has been closed and they can’t get anymore treatment or disability benefits. Sometimes, the adjuster’s right. But a lot...more

Concurrent Causation from "A Medley of Interesting Disability Cases"

Facts and holding: Rita Kruk (“Kruk”), a Human Resources Specialist, was a participant in an ERISA plan provided through her employment that provided disability benefits. Kruk’s Plan stated that if a disability was due to a...more

You Should Know - October 2014

In This Issue: - Veterans Still Waiting - Five Errors to Avoid - Readers on Seventh Amendment - Excerpt from Five Common Errors to Avoid When Filing Claims: Backlog Improves, But Vets Still Struggle for...more

When a Parent Retires, a Child with Disabilities Could Qualify for SSDI

When the parent of an adult with disabilities retires, the child may qualify for federal disability benefits, even if the child has never worked. This benefit, known as the Disabled Adult Child program, allows the...more

One Big Issue That Can Endanger Your Child’s Special Needs Trust

One of the major reasons to create and fund a special needs trust for your disabled child is so that your child can still receive means-tested government benefits, including Supplemental Security Income (SSI), Medicaid, and...more

A Court’s Review of a Disability Benefit Claim May Hinge on the Meaning “Satisfactory to Us”

Twenty-five years ago, the U.S. Supreme Court ruled that courts should review an ERISA participant’s claim for benefits under a de novo standard of review unless the plan gives the plan fiduciary discretionary authority to...more

District Court Certifies Class Challenging ERISA Plan Amendment

The Eastern District of Michigan has certified a class of ERISA plan participants challenging an amendment which, in attempt to address the plan’s underfunded status, reduced their monthly disability payments. The Court...more

ERISA: 2nd Circuit — Tough to Appeal District Court’s ERISA Remand Order

What happens when the district court orders a remand to the ERISA plan administrator? Can you appeal it? It depends on the circuit. FACTS: Mead sought ERISA-governed long term disability benefits, which were...more

Documentation important in proving workers’ compensation claims

Under the state of Illinois’ Workers’ Compensation Act, employees who suffer occupational injuries or illnesses may, under most circumstances, be eligible for benefits. The types of benefits that may be provided include...more

Autoimmune diseases and workers’ compensation

Many people in Illinois, and throughout the United States, suffer from autoimmune diseases. According to the American Autoimmune Related Diseases Association, approximately one in five people in the U.S. suffer from an...more

May v. AT & T Umbrella Benefit Plan No. 1: Independent Physician Reviews of the "Paper File" Under Fire

On August 25, 2014, the Ninth Circuit upheld a District Court decision that an ERISA administrator’s denial of a short-term disability (STD) benefit claim may not be based solely on an independent physician’s review of the...more

What's An Apportionment of Your PPD Award?

Forgive me for not explaining the word apportionment sooner in my past blog posts about permanent partial disability awards on Nevada workers' compensation claims. It's a bad word, and it means subtraction from the...more

LTD insurance requirements coming soon for Ontario employers

As part of the 2014 Ontario budget, which was passed on July 24, 2014, the Ontario government proposed to amend the Insurance Act (Ontario) by requiring mandatory insurance of long-term disability (“LTD”) benefits provided by...more

Sixth Circuit Affirms Dismissal of Class Claims Regarding Disability Benefits

ERISA benefit claims are frequently of only modest size individually, but can become overwhelming in a class context. A decision this week from the Sixth Circuit affirms the dismissal of a putative class-wide disability claim...more

77 Results
|
View per page
Page: of 4