Disability Claimant Says 2nd Circuit Properly Found Offset Is Barred

(November 17, 2017, 11:24 AM EST) -- WASHINGTON, D.C. — The U.S. Supreme Court should deny a disability insurer’s petition for writ of certiorari because the Second Circuit U.S. Court of Appeals did not err in finding that New York law bars the offset of the claimant’s disability benefits in light of the claimant’s settlement of a personal injury suit and properly applied the relevant test to determine if the New York law is preempted by the Employee Retirement Income Security Act, a disability claimant states in a Nov. 6 response to the insurer’s petition (Aetna Life Insurance Co. v. Salvatore Arnone, No. 17-416, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 4336)....