News & Analysis as of

Disability Insurance Disability Benefits

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

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

Snell & Wilmer

New Disability Claims Regulations Take Effect for All Plans April 1, 2018

by Snell & Wilmer on

As noted in our previous blog post, The New Disability Claims Regulations: They Don’t Only Apply to Disability Plans, the Department of Labor (“DOL”) issued regulations that revise the ERISA claims procedure regulations for...more

Ervin Cohen & Jessup LLP

California Legislature Increases Benefits for Employees on Family Leave and State Disability

by Ervin Cohen & Jessup LLP on

For periods of disability commencing on or after January 1, 2018, Assembly Bill 908 will increase the benefits provided to individuals in the Paid Family Leave and State Disability Insurance programs. AB 908 raises the level...more

Chambliss, Bahner & Stophel, P.C.

How Does Workers' Comp Affect SSDI Benefits?

Some people become disabled as the result of a work-related illness or injury. In these cases, the individual may be eligible for both Social Security Disability Insurance (SSDI) and workers’ compensation benefits....more

Proskauer - Employee Benefits & Executive...

District Court Applies Texas Ban on Discretionary Clauses in Insurance Contracts

A federal district court in Louisiana upheld a Texas state law prohibiting insurers from granting themselves discretion to interpret benefit plans when deciding benefit claims. These so-called “discretionary clauses” are...more

Poyner Spruill LLP

Time to Prepare for the End of the Year - Part Three

by Poyner Spruill LLP on

The year-end is rapidly approaching! To avoid costly penalties from inadvertent errors in the year-end rush, plan sponsors should begin talking with their service providers now about what must be done by year-end. Our first...more

Proskauer - Employee Benefits & Executive...

Disability Claims Procedures Should be Updated for New Regulations

As open enrollment approaches for many benefit plans, employers and plans sponsors should check to make sure their claims procedures for disability claims are consistent with regulations that become effective for plan years...more

Thompson Coburn LLP

Participants who roll their pension benefits into IRAs do not ‘receive’ them

by Thompson Coburn LLP on

Metropolitan Life lost a case in the 5th Circuit on July 18, 2017, that probably surprised MetLife and may surprise you. The case is Thomason v. Metro. Life Ins. Co., 2017 WL 3049528 (5th Cir. July 18, 2017), and you may want...more

Field Law

CPP Disability Benefits: To Deduct or Not to Deduct

by Field Law on

The standard form SEF 44 endorsement (The Endorsement) was recently interpreted by the Supreme Court of Canada in the case of Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7. The Endorsement indemnifies an...more

Jackson Lewis P.C.

The New ERISA Claims and Appeals Regulations for Disability Benefits

by Jackson Lewis P.C. on

The Employee Benefits Security Administration of the U.S. Department of Labor recently published final regulations governing the ERISA claims and appeals process that will apply to all claims for disability benefits filed on...more

Seyfarth Shaw LLP

A Question of Timing – Social Security Disability Determinations and the Administrative Record

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Court excludes evidence of Social Security disability award issued after the final decision issued on plaintiff’s claim for plan disability benefits. The decision accentuates the importance of fighting to...more

Ervin Cohen & Jessup LLP

New Law Expands California’s Paid Family Leave and State Disability Insurance

by Ervin Cohen & Jessup LLP on

Approximately 15 years ago California became the first state to provide paid time off to workers to care for a new child or ailing family member. The law, which is funded by required worker contributions, provides for up to...more

Wilson Elser

Seventh Circuit Rules ERISA Does Not Preempt State Law Prohibiting Discretionary Clauses

by Wilson Elser on

In Fontaine v. Metropolitan Life Ins. Co., No. 14-1984, 2015 U.S. App. (7th Cir. Sept. 4, 2015), the Seventh Circuit affirmed a U.S. District Court for the Northern District of Illinois decision holding that Illinois’s...more

Stinson Leonard Street - Employee Benefits &...

Standard of Review is Important – Again

I recently blogged about the importance the standard of review can make when a court decides whether a claims decision made under an employer plan will be upheld. My recent blog post dealt with the standard of review under a...more

Lane Powell PC

ERISA (9th Cir.) A Day Late, But Not A Dollar Short — Counting The 180 Day Appeal Period Gets Easier For Claimants

by Lane Powell PC on

You know that under ERISA regulations a claimant has at least 180 days to appeal a benefit denial. ERISA plans set out contractual timelines for appeals. But what happens when that 180 day period runs out on a weekend?...more

Proskauer - Employee Benefits & Executive...

ERISA Participant’s Supplemental Submission Doesn’t Restart Exhaustion Clock

A federal district court in New Jersey held that supplemental documentation submitted by a participant in connection with the claims review process did not restart the clock for a claims administrator to decide the...more

Wilson Elser

Disgorgement of Profits Not Available for Arbitrary and Capricious Benefits Denial – This Time

by Wilson Elser on

Wrongful denial of employee benefits will not expose plan fiduciaries to equitable remedies – such as disgorgement of profits – where restoration of benefits is adequate to make the claimant whole, says the Sixth Circuit in...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit Rules That Harmless Procedural Violation Does Not Alter Standard of Review

The Ninth Circuit held that a plan administrator’s failure to render a decision on a long-term disability benefits claim within the period mandated by the plan and ERISA did not alter the standard of review that the court...more

Williams Mullen

Court Holds That Physician’s State Law Claim For Disability Benefits Is Preempted by ERISA: Hershan v. Unum Group Corporation

by Williams Mullen on

A federal court has held that a radiologist’s state law contract claim for certain disability insurance benefits arose under a welfare benefit plan governed by ERISA and was therefore preempted by ERISA. In Hershan v. Unum...more

Lane Powell PC

More Disabled Employees But Fewer Employees Covered With Long Term Disability Coverage

by Lane Powell PC on

Here is a recent news item showing the scope of the employee disability problem. In a nutshell...more

Womble Bond Dickinson

Employee Benefit Plan is Governmental Plan, Even Though Employees are Not, says District Court in 11th Circuit.

by Womble Bond Dickinson on

It is a deceptively simple statement: Governmental employee benefit plans are exempt from ERISA. 29 U.S.C. § 1003(b)(1). But what about an employee benefit plan of an entity affiliated with a governmental entity, but whose...more

Holland & Knight LLP

New Rule Allows Disability Insurance Premiums To Be Paid From Qualified Plan Accounts - Employers Will Be Able To Offer Employees...

by Holland & Knight LLP on

HIGHLIGHTS - - The Treasury Department and the IRS released final regulations regarding amounts used by a qualified plan to pay for accident or health insurance premiums. Under the regulations, there is one notable...more

Ervin Cohen & Jessup LLP

A Quick Note About SDI

by Ervin Cohen & Jessup LLP on

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

Williams Mullen

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

by Williams Mullen on

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

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Updated: May 25, 2018:

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Information for EU and Swiss Residents

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

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Privacy Officer
JD Supra, LLC
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Sausalito, California 94965

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Updates to This Policy

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