Mealey's Disability Insurance

  • May 13, 2021

    Denial Of STD, LTD Benefits Was Reasonable, Federal Judge Determines

    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.

  • May 13, 2021

    NFL Players Lack Standing To Assert Claims Related To Changes In Disability Plans

    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.

  • May 12, 2021

    11th Circuit Dismisses NFL Disability Plan’s Appeals For Lack Of Final Orders

    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.

  • May 12, 2021

    Disability Claimant Denied Discovery In ERISA Long-Term Benefits Row

    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.

  • May 12, 2021

    Denial Of LTD Benefits Supported By Medical Evidence, Federal Judge Determines

    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.

  • May 12, 2021

    Disability Insurer’s Denial Of Benefits Was Reasonable, Supported By Evidence

    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.

  • May 11, 2021

    Prior Plan Exclusion Correctly Applied By Disability Insurer; No Benefits Owed

    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.

  • May 11, 2021

    Denial Of Disability Benefits Was Arbitrary, Capricious, Federal Judge Says

    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.

  • May 06, 2021

    Disability Claimant Permitted To File Amended Complaint Against Insurer’s Subsidiary

    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.

  • April 30, 2021

    Disability Claimant Failed To Prove He Was Disabled From Own Occupation

    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.

  • April 30, 2021

    Disability Claimant Failed To Show She Was Disabled From Working In Own Occupation

    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.

  • April 28, 2021

    Panel Affirms Finding That Disability Claimant Failed To Prove Disability

    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.

  • April 26, 2021

    High Court Refuses To Review Choice-Of-Law Ruling In Disability Suit

    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.

  • April 23, 2021

    Insured’s Contract Claim In Bad Faith Suit Dismissed As Vague, Conclusory

    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.

  • April 23, 2021

    Substantial Evidence Supports Disability Insurer’s Termination Of LTD Benefits

    BROOKLYN, N.Y. — A New York federal judge on April 21 granted a disability insurer’s motion for judgment on the administrative record after determining that the insurer’s finding that the claimant was not disabled from performing the duties of any reasonable occupation is supported by substantial evidence in the administrative record.

  • April 23, 2021

    Disability Suit Remanded; Claims Not Preempted By ERISA, Judge Says

    LOS ANGELES — A California federal judge on April 20 remanded a disability benefits suit filed by residents of Kosovo who performed work for a United States-based company in Afghanistan after determining that the Employee Retirement Income Security Act does not preempt the plaintiffs’ claims because the plaintiffs’ complaint does not present a permissible domestic application of ERISA.

  • April 22, 2021

    Disability Insurer Failed To Show Preexisting Condition Exclusion Barred Benefits

    SEATTLE — A Washington federal judge on April 21 granted a disability claimant’s motion for summary judgment after determining that the insurer failed to prove that the claimant’s hip injury was caused by a prior injury and, therefore, barred by the policy’s preexisting condition exclusion.

  • April 21, 2021

    Panel Says No Benefits Owed For Disability Claimant’s Preexisting Depression

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on April 19 affirmed a district court’s ruling that a disability insurer owes no long-term disability (LTD) benefits to a claimant because the plan’s preexisting condition limitation clearly bars coverage for the claimant’s disability that was caused by her preexisting conditions of depression and anxiety.

  • April 20, 2021

    Award Of Disability Benefits Is Appropriate Remedy, Federal Judge Determines

    LOS ANGELES — A California federal judge on April 15 awarded a disability claimant past and future long-term disability (LTD) benefits after determining that an award of benefits, rather than remand to the plan administrator, is the appropriate remedy.

  • April 19, 2021

    Panel Affirms Finding That Denial Of NFL Disability Benefits Was Not Unreasonable

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on April 16 affirmed a district court’s ruling that the denial of line of duty (LOD) disability benefits to a former National Football League player was not an abuse of discretion, agreeing with the lower court’s finding that the appeals committee’s interpretation of the plan was not unreasonable.