Evidence, Disability

NJ Appellate Division Rules Former Employee’s Cell Phone Records & Private Social Media are Not So Private Afterall

Genova Burns LLC on 3/29/2023

On March 16, 2023, in a published decision in Norma Davis v. Disability Rights New Jersey, the New Jersey Appellate Division ruled that a former employee’s private social media accounts and personal cell phone records are...more

Employee’s single doctor’s note not enough to save ADA case

McAfee & Taft on 2/15/2021

The Tenth Circuit Court of Appeals recently considered—for the second time—an employee’s claim that she had been terminated in violation of the Americans with Disabilities Act (ADA). According to the court’s summary,...more

The LHD/ERISA Advisor: Court Applies "Reasoned Approach" in Upholding Insurer's Denial of LTD Claim

Hinshaw & Culbertson - The LHD/ERISA Advisor on 6/19/2020

In Creed v. Hartford Life & Acc. Ins. Co., 2020 U.S. Dist. LEXIS 17613, (S.D. Ohio February 4, 2020), the court applied a "reasoned explanation" approach to hold that the evidence supported an insurer's decision to deny an...more

The LHD/ERISA Advisor: Eleventh Circuit Rules Against Insurer in LTD Case

Hinshaw & Culbertson - The LHD/ERISA Advisor on 6/18/2020

In Kaviani v. Reliance Std. Life Ins. Co., 2020 U.S. App. LEXIS 3006 (11th Cir. Jan. 31, 2020), the Eleventh Circuit held that an insurer had failed to give sufficient credence to a claimant's self-reports of pain and...more

The LHD/ERISA Advisor: Ninth Circuit Rules Coverage under ERISA Disability Plan Excluded Due to Underlying Medical Condition

Hinshaw & Culbertson - The LHD/ERISA Advisor on 6/16/2020

In Estate of Maurice v. Life Ins. Co. of N. Am., 792 Fed. Appx. 499 (9th Cir. Cal. Feb. 5, 2020), the Ninth Circuit held that coverage was excluded under an ERISA-governed disability plan ("Plan"), because the evidence in the...more

Making a Difference for Families with Disabled Children

Proskauer - Proskauer For Good on 4/26/2019

For low-income families with disabled children, receiving Supplemental Security Income (SSI) benefits is critically important to the safety and security of their households. Navigating the difficult claims process without...more

Appeals court rules diagnosed mental impairment not proven to be actual disability

McAfee & Taft on 5/16/2017

As many employers know, the ADA Amendments Act of 2008 (ADAAA) broadened the scope of who may be considered disabled under the Americans with Disabilities Act (ADA). Indeed, through the ADAAA, Congress sought to make it...more

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