Disability Insurance

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

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

Supreme Court Affirms Enforceability of Plan Limitations Provision

Resolving a split among the Courts of Appeal, the United States Supreme Court affirmed the Second Circuit in finding enforceable a limitations provision in a long term disability ERISA plan that set forth the length of the...more

High Court Limits Timing Of Certain ERISA Claims

The U.S. Supreme Court unanimously upheld a contractual clause that limited a participant’s ability to file a lawsuit pursuant to a long-term disability (LTD) policy. The contractual limitation was three years from the date...more

Federal Disability Benefits Set to Rise Only 1.5 Percent

People with disabilities and senior citizens can expect a small, 1.5 percent increase in their Social Security and Supplemental Security Income (SSI) benefits in the new year, an even smaller cost of living adjustment than...more

Prevailing Party in Arbitration is Entitled to Post-Award, Prejudgment Interest Under Nevada Law

In Lagstein v. Certain Underwriters at Lloyd’s of London the Ninth Circuit held that Nevada law allows the prevailing party in arbitration proceedings to collect post-award, prejudgment interest....more

New Jersey Law Penalizes Employers for Failing to Timely Respond to Requests Regarding Unemployment Insurance

On August 19, 2013, New Jersey enacted legislation implementing the federal Trade Adjustment Assistance Extension Act, which penalizes employers who fail to timely respond to requests for information from state unemployment...more

New Rhode Island Temporary Caregiver Insurance Benefits Become Effective January 1, 2014

New Temporary Caregiver Insurance Benefits Become Effective January 1, 2014 Beginning January 1, 2014, all employees regardless of their employer’s size will be eligible for up to four weeks of leave under the Temporary...more

Rhode Island Laws Extend Paid Benefits to Caregivers

On July 11, 2013, the Governor of Rhode Island signed a new bill into law which will expand the state's temporary disability insurance program to provide wage replacement benefits to workers who take time off to care for a...more

Be Careful With Your Life Insurance Enrollments

Over the years there have been a number of cases that have involved employers improperly enrolling employees in group life or disability insurance benefits....more

Cigna Agrees to Re-evaluate and to Compensate Disability Insureds in the Amount of $77 million

In a wide ranging re-evaluation of disability claims covering its insureds in California, Connecticut, Maine, Massachusetts and Pennsylvania, Cigna Corporation may pay up to $77 million in past disability income insurance...more

“Appropriate Care Clause” Imposes Duty on Claimant to Seek and Accept Medical Care/Treatment Aimed at Returning Claimant to Work

Originally published in Westlaw in March 25, 2013. What happens when the claimant refuses to seek and accept medical care that might enable the claimant to return to work? Does the claimant have a duty to seek...more

The ERISA Litigation Newsletter - March 2013

In this Issue: - Editor's Overview - Risk of Addiction Relapse May Entitle Plan Participants to Disability Benefits - Rulings, Filings, and Settlements of Interest ...more

ERISA can apply to Individual Policies: Offering a group discount constitutes a “contribution” sufficient to create an ERISA plan

Can ERISA apply to the claims made on individual policies purchased with discounted premiums? YES. ...more

ERISA: Plan Language Controls Even When an Adhesion Contract and Plan Language is “Not What a Reasonable Employee Would Expect.”

Will courts enforce Plan language even when a 24 month limitation is “not what a reasonable employee would expect” to see in a disability plan? YES....more

Disability Policy’s Mental Illness Limitation Upheld by Ninth Circuit in Fibromyalgia Case

In Maurer v. Reliance Standard Life Insurance Co., No. 11-16044, 2012 WL 6101903 (9th Cir. Dec. 10, 2012), the Ninth Circuit interpreted a policy provision favorably for insurers, holding that a policy’s mental nervous...more

Healthcare Law Newsletter Fall/Winter 2012: Ninth Circuit Addresses Fiduciary Exception to Attorney-Client Privilege in ERISA...

In an opinion authored by Judge Berzon for Stephan v. Unum Life Insurance Company of America, 697 F.3d 917 (9th Cir. 2012), the Ninth Circuit Court of Appeals reviewed the Northern District of California’s decision to uphold...more

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