WASHINGTON, D.C. — A disability claimant is permitted to amend claims relating to the termination of disability benefits under the Employee Retirement Income Security Act; however, the claimant cannot assert a claim for invasion of privacy based on the disability insurer’s use of the claimant’s Facebook, YouTube and travel blog because the claimant made the information on the sites publicly available, a District of Columbia federal judge said June 1 in partially granting the claimant’s motion for leave to file a second amended complaint.
NEW ORLEANS — A disability claimant is owed long-term disability benefits because a preexisting condition provision did not apply as the claimant qualified for coverage pursuant to the policy’s transfer of insurance coverage provision, the Fifth Circuit U.S. Court of Appeals said June 2 in reversing a district court’s ruling in favor of the disability insurer.
NEW YORK — The Second Circuit U.S. Court of Appeals on May 27 affirmed a district court’s ruling in favor of a disability insurer, agreeing with the lower court’s finding that substantial evidence supported the insurer’s termination of long-term disability (LTD) benefits after paying the claimant benefits for six years.
ST. LOUIS — A Missouri federal judge on May 14 ordered a disability claimant and a disability insurer to meet in an attempt to resolve a request for discovery sought by the claimant.
ATLANTA — A disability insurer’s termination of benefits was not arbitrary and capricious, the 11th Circuit U.S. Court of Appeals said May 25 in affirming a district court’s ruling that the insurer’s termination of benefits was reasonable based on the medical evidence and the claimant’s failure to prove that he was disabled under the terms of the plan.
SAN DIEGO — A disability claimant’s intentional infliction of emotional distress claim arising out of a third-party claims administrator’s treatment of the claimant is not preempted by the Employee Retirement Income Security Act because the claim does not relate to or depend on the claimant’s ERISA benefits plan, a California federal judge said May 24 in denying a disability insurer’s motion to dismiss.
ST. LOUIS — A disability claims administrator did not abuse its discretion in denying claims for short-term disability (STD) and long-term disability (LTD) benefits because the claims administrator’s finding that the claimant was not disabled from performing the duties of her own occupation was reasonable and because the administrator correctly determined that the claimant did not satisfy the LTD plan’s elimination period by failing to exhaust all available STD benefits, a Missouri federal judge said May 10.
WASHINGTON, D.C. — Two former National Football League players failed to show that they will suffer an injury in fact by the implementation of two new provisions that change how eligibility for disability benefits are determined under the NFL’s disability plans, a District of Columbia federal judge said May 7 in granting the NFL defendants’ motion to dismiss.
TAMPA, Fla. — The 11th Circuit U.S. Court of Appeals on May 11 dismissed two appeals filed by the Bert Bell/Pete Rozelle NFL Player Retirement Plan and the NFL Player Disability and Neurocognitive Benefit Plan after determining that district court’s orders remanding a former National Football League player’s disability claim and awarding the player attorney fees are not final and appealable orders.
ST. LOUIS — A man who sued his long-term disability (LTD) provider for retroactive benefits under the Employee Retirement Income Security Act (ERISA), saw his quest to take discovery beyond the administrative record denied May 10, with a Missouri federal magistrate judge finding the requested discovery unnecessary to consider a purported conflict of interest between two physicians’ medical opinions.
POCATELLO, Idaho — A disability insurer did not abuse its discretion in denying a claim for long-term disability (LTD) benefits because the insurer’s conclusion that the claimant is capable of performing sedentary work is supported by the medical evidence, a U.S. Court of International Trade judge, sitting by designation in Idaho federal court, said May 7 in granting the insurer’s motion for summary judgment.
LONDON, Ky. — A disability insurer’s decision to deny a claim for long-term disability (LTD) benefits was reasonable and supported by substantial evidence, a Kentucky federal judge said May 10 in denying the claimant’s motion for judgment on the administrative record and in granting the insurer’s motion for judgment on the administrative record.
BIRMINGHAM, Ala. — A disability insurer’s decision to deny a long-term disability benefits claim based on the plan’s prior plan exclusion was not wrong because the exclusion clearly applies as a bar to the benefits sought by the claimant, an Alabama federal judge said May 6.
MILWAUKEE — A Wisconsin federal judge on May 7 denied a disability insurer’s motion for summary judgment after determining that the insurer’s denial of benefits was arbitrary and capricious because the claimant could not perform all of the required duties of her own occupation.
NEW ORLEANS — A Louisiana federal judge on May 4 denied a motion to dismiss filed by a subsidiary of a disability insurer and determined that the disability claimant should be granted leave to file an amended complaint against the subsidiary to plead additional facts in support of her claims.
HOUSTON — A disability claimant failed to prove by a preponderance of the evidence that he was disabled from performing the duties of his own occupation as a result of shoulder, elbow, knee and back problems, a Texas federal judge said April 29 in denying the claimant’s motion for summary judgment and granting the disability insurer’s motion for judgment on the administrative record.
SANTA ANA, Calif. — A disability insurer properly denied a claim for long-term disability (LTD) benefits because the claimant failed to show that she was disabled under the terms of the plan and unable to perform the duties of her own occupation, a federal judge said April 16 in granting judgment in favor of the insurer.
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on April 27 affirmed a district court’s finding that a disability claimant failed to prove that he was disabled from his own occupation as a result of sickness or injury according to the plan’s terms and pursuant to a de novo standard of review.
WASHINGTON, D.C. — The U.S. Supreme Court on April 26 denied a disability claimant’s petition for a writ of certiorari, refusing to review the 10th Circuit U.S. Court of Appeals’ ruling on a disability plan’s choice-of-law provision.
HOUSTON — A federal judge in Texas on April 8 dismissed an insured’s claims against his long-term disability insurer stemming from the insurer’s denial of benefits, ruling that the insured failed to sufficiently plead the necessary elements of his breach of contract claim.