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Disability Benefits

Kelley Drye & Warren LLP

2018 Qualified Retirement Plan Changes

by Kelley Drye & Warren LLP on

As we approach the end of 2018, qualified retirement plan sponsors should consider reviewing the various changes brought on by recent legislation, regulations and agency guidance to determine whether any plan amendments or...more

Franczek Radelet P.C.

School Resource Officers Not Entitled to Law Enforcement Disability Benefits

by Franczek Radelet P.C. on

A recent Illinois Appellate Court decision addressed the question of whether School Resource Officers (“SROs”) employed by school districts are entitled to district-paid disability and health insurance benefits for “law...more

Polsinelli

Year End Retirement Plan Checkup: Required Claims Amendment, a Top Ten List for Plan Errors and New EPCRS E-Filing Requirements

by Polsinelli on

Earlier this year, the U.S. Department of Labor (“DOL”) and the Internal Revenue Service (“IRS”) issued new guidance and rules pertaining to retirement plans. ...more

Bass, Berry & Sims PLC

Qualified Retirement Plans: Recent Updates and Action Items

by Bass, Berry & Sims PLC on

As the end of the calendar year approaches, sponsors of qualified retirement plans should consider whether their plan documents require updates to comply with important legal changes and deadlines. Below is a summary of some...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on Administrative Remedies in Whistleblower Retaliation Case

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight about a Sarbanes-Oxley whistleblower retaliation case brought by a plaintiff claiming she was unjustly terminated. Finding the plaintiff did not timely file an OSHA...more

Norris McLaughlin, P.A.

It’s Not Too Late to Amend Your Plans to Comply with the DOL’s New Disability Claims Procedures

by Norris McLaughlin, P.A. on

In December 2016, the U.S. Department of Labor (DOL) announced new disability claims procedure regulations, effective April 1, 2018, for ERISA-covered plans. The new rules apply to all ERISA benefit plans that base any...more

Bradley Arant Boult Cummings LLP

Defending Our Veterans: Excluding Veterans' Benefits from Current Monthly Income - ABI Journal

Part of the mission of ABI’s newly formed Task Force for Veterans and Servicemembers Affairs is to “remediate and prevent adverse debt concerns and impacts on veterans and servicemembers to ensure that we financially...more

Saul Ewing Arnstein & Lehr LLP

The Friday Five: Five Current ERISA Litigation Highlights – November 2018

This month’s Friday Five covers recent cases ruling on the enforceability of self-reported symptom limitations in policies, the scope of the term "plan document," the propriety of an insurer’s reliance on surveillance over...more

Flaster Greenberg PC

When Are My Federal Benefits Protected?

by Flaster Greenberg PC on

Senior citizens and disabled persons are particularly susceptible to debt and money issues. For those living on a fixed income, losing part or all of the federal government benefit on which the recipient depends on food and...more

Norris McLaughlin, P.A.

They’re Back! – Impairment Rating Evaluations Under the Pa Workers’ Compensation Act Restored

by Norris McLaughlin, P.A. on

I was quoted in the following Lehigh Valley Business articles, Pa. worker’s comp sees changes and Gov. Wolf approves workers comp bill, discussing the passage of House Bill 1840, which restores the use of the impairment...more

Morrison & Foerster LLP

Annual California Legislative Recap - October 2018

by Morrison & Foerster LLP on

Another year has passed in the California Legislature, with new laws and amendments affecting California employers. Among the more significant changes, bills prompted by the #MeToo movement, including the new requirement...more

McNees Wallace & Nurick LLC

The Protz Fix – Workers’ Compensation Update

by McNees Wallace & Nurick LLC on

On October 17, the Pennsylvania Senate signed the previously approved House Bill 1840, known as the “Protz Workers’ Compensation Legislative Fix,” which is expected to be signed into law by Governor Tom Wolf within the next...more

Saul Ewing Arnstein & Lehr LLP

The Friday Five: Five Current ERISA Litigation Highlights – October 2018

One court recently analyzed the extent to which an insurer can rely on a reviewing physician over a treating physician, and why it is important to take note of any recommendations made by the reviewing physician....more

Lane Powell PC

ERISA: Easy Insights into Neutralizing the Effects of “Conflict of Interest” in Disability Determinations

by Lane Powell PC on

You already know that many ERISA plans contain discretionary language, which calls for a court to review the ERISA claim denial under an abuse of discretion standard. But many times a structural “conflict of interest” can...more

Roetzel & Andress

Ohio Supreme Court Expands Voluntary Abandonment Defense

by Roetzel & Andress on

In State ex rel. Klein v. Precision Excavating & Grading Co.,[1] decided September 27, 2018, the Ohio Supreme Court ruled a claimant who voluntarily removes himself from his former position of employment for reasons unrelated...more

King & Jurgens, L.L.C.

The LHWCA’s §933(g) Requirement of Notification is to be Strictly Enforced

by King & Jurgens, L.L.C. on

On September 11, 2018, the U.S. Court of Appeals for the Fifth Circuit, in the matter of McGill C. Parfait v. Director, OWCP, Performance Energy Services LLC and Signal Mutual Indemnity Association Ltd., No. 16-60662, granted...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights - Issue 3, September 2018

...In this edition of SuperVision, Chelsea Thompson explores new developments from the National Labor Relations Board regarding handbook policies and whether or not they comply with the National Labor Relations Act. Sarah...more

Thompson Coburn LLP

Bifurcated trials: A road map for better results for insurers facing non-ERISA disability claims

by Thompson Coburn LLP on

A version of this article originally appeared in the August 2018 issue of DRI’s “For the Defense.” The typical scenario in a lawsuit for non-ERISA disability benefits is as follows: (1) A plaintiff purchases a disability...more

Cranfill Sumner & Hartzog LLP

Discretion to Adjudicate an Issue

May the Commission Determine Issues Not Mentioned By the Parties - Haulcy v. The Goodyear Tire & Rubber Co. - On April 23, 2014, Plaintiff was maneuvering a 55-pound tire at work when she felt pain in her lower back. ...more

Lane Powell PC

ERISA: Two Key Ways to Limit Overbroad Discovery in Disability Cases

by Lane Powell PC on

Does an insurer’s litigation history dating back 10 years justify overbroad discovery in an ERISA case? It might… (See below for a strategy to combat this from occurring in your cases)....more

Thompson Coburn LLP

5 takeaways from the employee ERISA win in McMillan

by Thompson Coburn LLP on

In an ERISA decision issued August 13, 2018, the Tenth Circuit was critical of almost every step in AT&T’s process for denying disability benefits to its employee. The decision in McMillan v. AT&T Umbrella Benefit Plan...more

Verrill Dana LLP

New Disability Claims Procedures Affect Retirement Plans and Deferred Compensation Plans Too

by Verrill Dana LLP on

Much has been written about the Department of Labor’s final rule regarding disability benefit claims procedures (the “Final Rule”), which took effect on April 2, 2018. And by now, most employers – and all disability insurance...more

Lane Powell PC

ERISA: New Case Provides Tips on Effective Use of Video Surveillance in Disability Claim Decisions

by Lane Powell PC on

Video surveillance can be an effective tool in assessing the level of activity of the disabled claimant. But make sure the video surveillance is performed correctly, and use it properly....more

Snell & Wilmer

The 95 Percent Test: Gearing up for Another Round of Employer Shared Responsibility Penalties

by Snell & Wilmer on

Late last year, the Internal Revenue Service (the “Service”) began enforcing penalties with respect to failures to comply with the employer shared responsibility provisions of Section 4980H of the Internal Revenue Code. In...more

McNees Wallace & Nurick LLC

Workers’ Compensation Update: “Aggravation” of Pre-Existing Condition

by McNees Wallace & Nurick LLC on

The Commonwealth Court issued several interesting “unreported memorandum opinions” in the past several weeks. ...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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How We Protect Your Information

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Children's Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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