Disability Claimant Seeks High Court Review On Any-Occupation Standard

Mealey's (August 8, 2019, 11:30 PM EDT) -- PHILADELPHIA — The U.S. Supreme Court should review the Third Circuit U.S. Court of Appeals’ finding that a district court properly remanded a claim for long-term disability (LTD) benefits to determine whether benefits are available under a plan’s any-occupation standard because a conflict exists among the circuit courts as to whether it would be futile for the disability claimant on remand to seek benefits under a plan’s any-occupation standard if benefits were previously denied under a plan’s own-occupation standard, the disability claimant maintains in a July 26 petition for writ of certiorari (Thomas P. Kelly Jr. v. Reliance Standard Life Insurance Co., et al., No. 18-1162, 3rd Cir.)....