News & Analysis as of

11th Circuit Court of Appeals Mandates Proactive Gathering and Review of SSA Information in LTD Benefit Review

Not long ago, the Unites States Supreme Court in MetLife v. Glenn, 128 S. Ct. 2343 (2008) gave a stern warning to plan fiduciaries who required a claimant to apply for disability benefits with the Social Security...more

Employers Should Determine The Reasonableness Of Their Benefit Plans' Limitations Period Based On A Recent U.S. Supreme Court...

In Heimeshoff v. Hartford Life & Accident Insurance Co., the Supreme Court recently upheld a plan-imposed limitations period on a participant’s right to file suit for benefits so long as that period is not unreasonably short...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 Rejects Claim for Reinstatement of Erroneous Benefit Payments to Ineligible Retiree

In Adams v. General Motors Company (Case No. 12-2084), the Sixth Circuit rejected an ineligible retiree’s claim for reinstatement of erroneous benefit payments under her former employer’s pension plan. The retiree received...more

ERISA — 4th Circuit: Clearer Language Now Needed to Confer Discretion

What language is needed in the ERISA plan to confer discretion? The bar was just raised in the 4th Circuit. Here’s the case of Cosey v. Prudential Insurance Company of America, [PDF] __F.3d__ (November 12,...more

SDNY Refuses to Find Exceptions to the Firestone Deference Rule

In Wedge v. Shawmut Design & Construction Group Long Term Disability Ins. Plan, No. 12 Civ. 5645 (KPF) (S.D.N.Y. Sept. 10, 2013), the court declined to recognize an exception to the rule established in Firestone Tire & Rubber...more

Employment Law -- Sep 12, 2013

Federal Agencies Respond to Supreme Court’s DOMA Ruling - In the wake of the U.S. Supreme Court’s decision to strike down part of the Defense of Marriage Act (“DOMA”), federal agencies are starting to respond with new...more

Beyond Your Borders: Workers Comp Across The America

And now… one more reason to be glad you do not live in Mississippi: For workers injured on the job, the maximum weekly workers compensation benefit in Mississippi is $449.12. In New Jersey, that figure is $826. ...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

Important Terms for Long Term Disability and Other Important Factors to Consider

For people fortunate enough to have a policy of long term disability (“LTD”) benefits, they will typically need to refer to the specific wording of their policy before knowing what steps they have to take and what rights they...more

Converted Individual Disability Policies Governed by ERISA?

You already know that an individual disability policy may nevertheless be governed by ERISA, even when the employee pays her own premium. This can occur when the employees benefit from a rate structure or premium discount...more

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

In This Issue: - Supreme Court Update: Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent,Equitable Doctrines May Fill The Gaps: US Airways, Inc. v. McCutchen, 569 U.S. ___ (2013). In an...more

Why Are So Many Legitimate, First-Time Workers Compensation Claims Denied?

Workers compensation is a no fault insurance program that provides benefits to workers who suffer job-related injuries or illnesses. Benefits include compensation for medical expenses, lost wages due to disabilities and...more

Municipal Pensions II: Do Survivors' Pensions Increase Whenever the Salary For the Position Does?

Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term continue with Hooker v. Retirement Fund of the Firemen's Annuity and Benefit Fund of Chicago,. Hooker poses the...more

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