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Mealey's Disability Insurance

  • February 25, 2021

    District Court Correctly Found Disability Claimant Released Right To File Suit

    WASHINGTON, D.C. — A district court properly dismissed a disability claimant’s suit because the claimant released his right to file suit against the disability plan when he accepted a severance package and signed a release relinquishing his right to file suit against his former employer and its employee benefit programs, the District of Columbia Circuit U.S. Court of Appeals said Feb. 23.

  • February 25, 2021

    Disability Plan’s Termination Of STD Benefits Was Not Abuse Of Discretion

    GREENSBORO, N.C. — A North Carolina federal judge on Feb. 16 determined that the termination of a disability claimant’s short-term disability (STD) benefits was not an abuse of discretion as the decision was the result of a deliberate and principled reasoning process and was supported by substantial evidence.

  • February 23, 2021

    Panel Says District Court Properly Entered Judgment For Disability Claimant

    DENVER — The 10th Circuit U.S. Court of Appeals on Feb. 22 affirmed a district court’s ruling that a disability claimant is eligible for disability benefits because the term “active” as used in the disability plan at issue to describe a plan participant’s full-time employment is ambiguous and must be construed in the disability claimant’s favor.

  • February 22, 2021

    Disability Claimant Failed To Prove He Was Disabled Under Terms Of Plan

    DETROIT — A Michigan federal judge on Feb. 17 determined that a disability claimant failed to prove by a preponderance of the evidence that complications from diabetes rendered him disabled under the terms of a disability plan.

  • February 19, 2021

    Self-Reported Limitation Provision In Disability Policy Is Subject To California Law

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Feb. 17 reversed and remanded a ruling in favor of a disability insurer after determining that the disability policy’s self-reported limitations provision is subject to a California insurance law that bars the application of a self-reported limitations provision in disability contracts.

  • February 16, 2021

    District Court Did Not Err In Finding Claimant Was Not Totally Disabled

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Feb. 12 affirmed a district court’s ruling in favor of a disability insurer after determining that the lower court did not err in finding that the disability claimant was not totally disabled and was capable of performing light work.

  • February 11, 2021

    Disability Insurer’s Denial Of LTD Claim Was Arbitrary, Capricious, Judge Says

    PITTSBURGH — A disability insurer’s denial of long-term (LTD) disability benefits was arbitrary and capricious because the insurer operated under an inherent conflict of interest and the insurer’s record review was selective and incomplete, a Pennsylvania federal judge said Feb. 10 in entering judgment for the disability claimant.

  • February 10, 2021

    Interlocutory Appeal Of ERISA Church-Plan Ruling Not Warranted

    CHATTANOOGA, Tenn. — A Tennessee federal judge on Feb. 4 denied a disability claimant’s motion for an interlocutory appeal on the issue of whether a disability plan is a church plan under the Employee Retirement Income Security Act after determining that there is no substantial ground for difference of opinion that would warrant an interlocutory appeal.

  • February 09, 2021

    Disability Insurer Did Not Act In Bad Faith In Terminating Benefits

    SAN FRANCISCO — A disability insurer did not act in bad faith in terminating a claimant’s benefits because the insurer conducted a reasonable and fair investigation of the claim, a California federal judge said Feb. 8 in granting the insurer’s motion for partial summary judgment on the bad faith claim.

  • February 09, 2021

    Disability Claimant Is Entitled To STD, LTD Benefits, Federal Judge Says

    SAN FRANCISCO — A California federal judge on Feb. 5 granted a disability claimant’s motion for judgment after determining that the disability insurer failed to give proper weight to the claimant’s consistent and corroborated reports of chronic pain.

  • February 05, 2021

    Statutory Penalties Not Available For Failure To Produce Disability Claim File

    COLUMBUS, Ohio — An Ohio federal judge on Feb. 3 granted motions for judgment on the pleadings filed by a disability insurer and disability plan administrator on a claim seeking statutory penalties after determining that an administrative claim file does not fall into any of the document types required to be produced under the Employee Retirement Income Security Act .

  • February 04, 2021

    Motion To Dismiss In Disability Offset Suit Should Be Denied, Magistrate Judge Says

    AUSTIN, Texas — A Texas federal magistrate judge on Feb. 1 recommended denying a motion to dismiss filed by a disability insurer and a third-party administrator after determining that the defendants failed to sustain their burden of proving that the plan participant’s claims related to the offset of his disability benefits are moot based on the insurer’s decision to terminate the offset.

  • February 04, 2021

    Judge Says Reasonable Person Could Conclude Benefits Owed Under Disability Policies

    BOSTON — A Massachusetts federal judge on Feb. 1 denied the majority of a motion for summary judgment filed by disability insurers after determining that a reasonable person could conclude that a disability claimant was owed benefits under the policies based on updated medical evidence provided to the insurers.

  • February 04, 2021

    Disability Claimant’s Suit Was Timely Filed Under Applicable Limitations Period

    CHICAGO — A disability claimant’s suit was timely filed under Michigan’s applicable statute of limitations for breach of contract actions, an Illinois federal judge concluded Feb. 2 in applying the disability income policy’s applicable Michigan law.

  • February 03, 2021

    Disability Claimant’s Amended Complaint Dismissed For Failure To File Appeal

    OAKLAND, Calif. — A California federal judge on Feb. 2 granted a disability insurer’s motion to dismiss a disability claimant’s amended complaint after determining that the claimant failed to exhaust all administrative remedies and that the claimant’s letter to the insurer cannot be considered an administrative appeal because it was not filed within 180 days of the insurer’s termination of benefits.

  • February 02, 2021

    Denial Of LTD Claim Was Not Arbitrary, Capricious, 11th Circuit Panel Says

    ATLANTA — A district court did not err in granting judgment in favor of a disability insurer because the disability’s insurer’s denial of a long-term disability benefits claim was not arbitrary and capricious and was supported by the medical evidence, the 11th Circuit U.S. Court of Appeals said Jan. 29.

  • February 01, 2021

    Issues Of Fact Exist In Disability Income Benefits Suit, Federal Judge Says

    FORT LAUDERDALE, Fla. — A Florida federal judge on Dec. 24 denied motions for summary judgment in a disability income benefits suit after determining that issues of material facts exist regarding the onset of a claimant’s disability and whether the claimant is totally disabled under the terms of the policy.

  • February 01, 2021

    Termination Of LTD Benefits Was Not Arbitrary, Capricious, Panel Says

    CINCINNATI — The Sixth Circuit U.S. Court of Appeal on Jan. 12 affirmed a district court’s ruling in favor of a disability insurer after determining that the insurer’s termination of long-term disability (LTD) benefits was supported by substantial evidence.

  • January 27, 2021

    Claimant Failed To Show She Was Totally Disabled, Federal Judge Determines

    FORT SMITH, Ark. — An Arkansas federal judge on Jan. 25 granted summary judgment in favor of a disability insurer after determining that the insurer properly found that the claimant was not owed additional benefits because she failed to meet the plan’s definition of total disability.

  • January 26, 2021

    No LTD Benefits Are Owed Based On Denial Of STD Benefits, Judge Says

    PITTSBURGH — A disability claimant is not entitled to long-term disability (LTD) benefits because the claimant’s short-term disability (STD) benefits claim was denied and because the claimant failed to properly file a claim for LTD benefits, a Pennsylvania federal judge said Jan. 25 in granting the disability insurer’s motion for summary judgment.