Disability Benefits

News & Analysis as of

A Quick Note About SDI

I have noted some confusion among employers about what information must be given to employees regarding California State Disability Insurance (SDI) and when it must be provided. Employers are currently responsible for...more

No New Statute of Limitations Each Time An Alleged Miscalculated Disability Benefit Is Paid

The First Circuit recently held, in line with other circuits, that the statute of limitations for a claim of underpayment of long-term disability benefits does not accrue with each monthly benefit payment made, but instead...more

ERISA – 2nd Circuit: Reversible Error To Deny Successful Claimant’s Attorney Fees Solely Because There Was No Evidence of Bad...

Can a court deny a successful ERISA claimant’s attorney fees solely because there is no evidence of bad faith? NO....more

New Jersey DOL Issues New Unemployment Compensation and Temporary Disability Benefits Poster

In February 2014, the New Jersey Department of Labor updated its Unemployment Compensation and Temporary Disability Benefits poster. Employers should replace their current posters immediately....more

Sixth Circuit to Revisit Unprecedented Expansion of ERISA Wrongful Denial of Benefits Remedies

On December 6, 2013, in Rochow v. Life Insurance Company of North America, 737 F.3d 415 (6th Cir. 2013), the Sixth Circuit affirmed a district court ruling that an insurance company that improperly denied ERISA disability...more

ERISA: 10th Circuit — How to Win Two Frequent Challenges to ERISA Benefit Denials

How do you defeat two arguments frequently used to challenge an ERISA-governed disability claim denial? Argument (1) the rationale for the claim denial changed, or Argument (2) the denial letter failed to tell...more

Nevada Workers' Comp and Social Security Disability

I asked attorney Gerald Welt, Esq., if he would provide me with a guest blog post on how workers' compensation interacts with the receipt of Social Security Disability benefits, and his office sent me the following general...more

Workers’ Compensation “Zombies” Invade West Virginia Legislature

In a move akin to the zombie apocalypse, a West Virginia legislator attempts to resurrect dead provisions in legislation filed on February 10, 2014. State Senator Jack Yost, a Democrat from Brooke County, introduced eight...more

Governor Signs Bill Aiming To Count Time Missed Due To A State Of Emergency In Determining Eligibility For Certain Leave Benefits

In the November 2013 issue of the New Jersey eAuthority, we reported on a bill (S2996) seeking to expand eligibility for state leave and disability benefits for employees who have been laid off or furloughed due to a declared...more

ERISA: 6th Circuit — Failing to Disclose Disability Claim in Bankruptcy NOT Fatal to Disability Lawsuit

What happens when a long term disability claimant declares bankruptcy, and fails to list the long term disability claim in the bankruptcy estate? Is he judicially estopped from bringing the lawsuit alleging wrongful...more

Court’s Award of $3.8 Million Raises Questions About the Scope of ERISA Remedies

The U.S. Court of Appeals for the Sixth Circuit has affirmed an unusually large award of $3.8 million in a case involving the denial of long-term disability benefits. In Rochow v. Life Insurance Company of North America, No....more

Child Support Deduction from Nevada Work Comp Benefits

Workers' compensation benefits, including final settlement awards, called permanent partial disability awards, are generally not subject to assignments or garnishments, and are not subject to attorneys liens or medical...more

Sixth Circuit Issues Shocking Opinion Against ERISA Insurer, Dramatically Changes The ERISA Landscape

In what can only be described as a shocking opinion, the Sixth Circuit Court of Appeals issued a 2-1 decision affirming a lower court's award of $3.8 million dollars in disgorged profits to a former president of Arthur J....more

Monthly Disability Payments Not Considered Marital Property

In 2011, the Pennsylvania Supreme Court decided the case of Focht v. Focht, 32 A.3d 668 (Pa. 2011), which resolved prior conflicting case law on the issue of whether an award or settlement proceeds from a personal injury...more

California Highway Patrol Officer Who Cannot Perform Activities Required Of All Officers Is Entitled To Disability Benefits Even...

A California Court of Appeal has found that the Board of Administration of the California Public Employees' Retirement System ("CalPERS") erred when it denied a California Highway Patrol ("CHP") officer disability benefits...more

Definition of "Family" Under Paid Family Leave Law Expanded

Currently, the California Employment Development Department, (EDD), through employee payroll deductions, provides for family temporary disability insurance benefits to workers who need to care for a seriously ill "family...more

U.S. Supreme Court Holds that ERISA Plan Can Enforce Contractual Limitations Provision to Bar Benefit Claim Lawsuit

The U.S. Supreme Court in Heimeshoff v. Hartford Life & Accident Insurance Co. et al. resolved a split among the circuits when it held that a contractual limitations clause in an ERISA-governed long-term disability benefits...more

Sixth Circuit Expands Availability of Remedies Under ERISA

The Sixth Circuit recently concluded that a disability plan participant was entitled to relief consisting of benefits under the plan and disgorgement of defendant’s profits for delaying payment. In so ruling, the Court found...more

Supreme Court Upholds ERISA Plan’s Three-Year Deadline to File a Lawsuit

The Supreme Court of the United States ruled that an ERISA plan may properly impose a reasonable time limit on filing a lawsuit to recover benefits. Such time may start to run even before completion of the required...more

The U.S. Supreme Court Unanimously Holds that ERISA Plans’ Limitation of Actions Provisions Must be Enforced as Written –...

Today, in Heimeshoff v. Hartford Life Insurance Company, 571 U.S. __ (2013), the U.S. Supreme Court unanimously affirmed a Circuit Court ruling that dismissed an action for benefits on the ground that the plaintiff failed to...more

New Jersey Bill Aims To Count Time Missed Due To A State Of Emergency In Determining Eligibility For Certain Leave Benefits

On September 30, 2013, a bill (S2996) was introduced seeking to expand eligibility for state leave and disability benefits for employees who have been laid off or furloughed due to a declared state of emergency. First, the...more

Milwaukee Changes Rules For Police Officers Claiming Duty Disability

Several Milwaukee Police Department (“MPD”) officers have applied for and/or received duty disability, claiming that the stress from investigations into their possible misconduct makes them unable to perform their jobs. For...more

Social Security Disability Benefits And Thresholds Increase For 2013

Rising prices can easily erode the ability of Social Security Disability benefit recipients to pay for their basic needs. The good news is that the Social Security Administration keeps a close eye on the Consumer Price Index,...more

What Types Of Benefits Does Workers’ Comp Provide?

An on-the-job injury covered by Workers’ Compensation could be anything from a bruised thumb to the complete loss of both hands, from a twisted ankle to an accidental death. Each injury calls for an appropriate level of...more

Will the Supreme Court Change the Law on Limitations?

On Tuesday, the United States Supreme Court heard oral argument in an ERISA-governed long term disability benefits case, Heimeshoff vs. Hartford Life and Wal-Mart Stores Inc. (Case Number 12-729). The plaintiff in the case...more

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