Evidence, Denial of Benefits

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

California Plaintiff Fails to Satisfy Burden of Proof in Long-Term Disability Case

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/10/2019

The U.S. District Court for the Central District of California, applying de novo review due to California’s discretionary clause ban, ruled that an employee of Apple, Inc. was not entitled to long-term disability benefits...more

Court upholds South Carolina company's benefits plan decision

Burr & Forman on 2/2/2017

One of the most important components of the employment relationship is the benefits package an employer is able to offer its employees. Employee benefits have to make business sense for the employer because there’s always a...more

Evidence From LinkedIn, IMDB Used to Support Denial of Benefits

Seyfarth Shaw LLP on 11/11/2016

Be careful what you ask for. The Plaintiff in a recent case from the Central District of California learned that lesson when the Plan’s re-evaluation of her claim for benefits revealed that she was apparently working as a...more

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

Seyfarth Shaw LLP on 10/20/2016

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