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Mealey's Disability Insurance

  • November 08, 2024

    Disability Claimant Appeals Judge’s Any-Occupation Ruling To 11th Circuit

    MIAMI — A disability claimant filed a notice of appeal on Nov. 7 to the 11th Circuit U.S. Court of Appeals following a Florida federal judge’s determination that a disability insurer’s termination of benefits after 11 years was not arbitrary and capricious based on the disability insurer’s extensive review of the claimant’s conditions and her ability to work in any occupation.

  • November 08, 2024

    STD Plan Is Not Governed By ERISA, Federal Judge Says In Remanding Disability Suit

    MILWAUKEE — A Wisconsin federal judge remanded a disability claimant’s suit after determining that federal jurisdiction does not exist because the short-term disability (STD) plan at issue is exempt from the Employee Retirement Income Security Act pursuant to the “payroll practice” exemption.

  • November 08, 2024

    Disability Claimant Failed To Show Claims Administrator Acted As Fiduciary

    BOSTON — A Massachusetts federal judge granted a long-term disability (LTD) plan claims administrator’s motion to dismiss without prejudice after determining that the disability claimant failed to show that the claims administrator acted in a fiduciary function or exercised discretion administering the plan.

  • November 08, 2024

    Disability Claimant Files Objection To Ruling On Claim Record

    SPRINGFIELD, Mass. — A disability claimant filed an objection to a Massachusetts federal magistrate judge’s denial of a motion to clarify and complete a claim record, arguing that the magistrate judge’s ruling should be modified to ensure that all records that are in the insurer’s possession are included in the record.

  • November 08, 2024

    Former NFL Player Says Reversal Of Lower Court’s Exhaustion Ruling Is Warranted

    ATLANTA — A former National Football League player says the 11th Circuit U.S. Court of Appeals should reverse a ruling entered in favor of the NFL disability plan because the district court erred in finding that the former player failed to exhaust all administrative remedies and failed to show that exhaustion would be futile.

  • November 07, 2024

    Appeal Filed By Disability Insurer In Long COVID Disability Benefits Dispute

    ALEXANDRIA, Va. — A disability insurer filed a notice of appeal in the Fourth Circuit U.S. Court of Appeal following a Virginia federal judge’s determination that a disability claimant is owed past-due long-term disability (LTD) benefits because the claimant met her burden of showing that she is disabled from working as an engineer as a result of symptoms caused by long COVID.

  • November 07, 2024

    Disability Claimant Appeals Federal Judge’s Ruling In Any-Occupation Dispute

    CHICAGO — A disability claimant filed a notice of appeal to the Seventh Circuit U.S. Court of Appeals, seeking review of an Illinois federal judge’s finding that she failed to meet her burden of proving by a preponderance of the evidence that she remained disabled from working in a sedentary occupation as a result of symptoms related to fibromyalgia.

  • November 06, 2024

    Lower Court Properly Found Disability Claimant Was Not Totally Disabled, Panel Says

    NEW ORLEANS — A district court did not err in finding that a disability claimant was not entitled to total disability benefits under a disability policy because the claimant was not disabled from performing all of the duties of her occupation as a pharmacist, the Fifth Circuit U.S. Court of Appeals said in affirming the district court’s ruling.

  • November 06, 2024

    LTD Benefits Termination Was Not Arbitrary, Capricious, Federal Judge Says

    NEWARK, N.J. — A disability insurer did not act arbitrarily and capriciously in terminating a claimant’s long-term disability (LTD) benefits because the claimant failed to show that the evidence supported a finding that he was totally disabled from working as a result of chronic migraines, a New Jersey federal judge said in granting the insurer’s motion for summary judgment and in denying the claimant’s motion for summary judgment.

  • October 23, 2024

    Bad Faith Claim Cannot Proceed Against Disability Insurer, Federal Judge Says

    NEW YORK — An insured’s bad faith claim against a disability insurer cannot proceed because under New York law, an insured cannot allege a first-party bad faith claim against an insurer based on a denial of coverage, a New York federal judge said in granting the disability insurer’s motion to dismiss the bad faith claim.

  • October 18, 2024

    Federal Judge Says Claimant Failed To Meet Burden Of Proving Disability

    GRAND RAPIDS, Mich. — A Michigan federal judge denied a disability claimant’s motion for judgment on the administrative record after determining that the claimant failed to prove by a preponderance of the evidence that she was disabled from performing the duties of her own occupation.

  • October 14, 2024

    Questions Of Fact Exist On Breach Of Contract, Bad Faith Claims In Disability Suit

    PHILADELPHIA — A Pennsylvania federal judge on Oct. 11 denied a disability insurer’s motion for summary judgment on an insured’s breach of contract and bad faith claims after determining that questions of fact exist as to whether the insured remained disabled from performing the duties of his own occupation and whether the insurer acted in bad faith in handling the insured’s claim.

  • October 11, 2024

    Disability Insurer Says Claimant Not Entitled To More Than $445K In Attorney Fees

    MINNEAPOLIS — A disability plan participant is not entitled to more than $445,000 in attorney fees because the participant’s submissions in support of the requested amount are based on unreasonable hourly rates and unsupported time entries, a disability insurer says in its response to the participant’s motion for attorney fees filed in Minnesota federal court.

  • October 11, 2024

    LTD Benefits Owed Based On Fibromyalgia Diagnosis, Disability Claimant Says

    ATLANTA — In a complaint filed in Georgia federal court, a disability claimant alleges that her long-term disability (LTD) benefits were wrongfully denied and urges the court to find that she remains disabled under the disability plan as a result of a fibromyalgia diagnosis.

  • October 11, 2024

    Illinois Federal Judge Says Disability Claimant Failed To Show She Remains Disabled

    CHICAGO — An Illinois federal judge denied a disability claimant’s motion for judgment on the administrative record after determining that the claimant failed to meet her burden of proving by a preponderance of the evidence that she remained disabled from working in a sedentary occupation as a result of symptoms related to fibromyalgia.

  • October 11, 2024

    Disability Claimant Not Entitled To Supplement Claim Record, Magistrate Judge Says

    SPRINGFIELD, Mass. — A Massachusetts federal magistrate judge on Oct. 10 denied a disability claimant’s motion to clarify and complete a claim record after determining that the disability insurer sufficiently attested that the claim record is the complete record.

  • October 10, 2024

    Disability Claimant, Insurer Settle Dispute; Judge Enters Order Of Dismissal

    BALTIMORE — A Maryland federal judge dismissed a long-term disability (LTD) benefits suit after the parties reached a settlement and filed a stipulation of dismissal.

  • October 10, 2024

    Disability Claimant Appeals Any Occupation Standard Ruling To 11th Circuit

    ATLANTA — A disability claimant filed a notice of appeal to the 11th Circuit U.S. Court of Appeals following a Georgia federal judge’s finding that a disability insurer’s termination of long-term disability (LTD) benefits was not wrong because the claimant failed to meet her burden of proving that she is disabled under the plan’s any occupation standard.

  • October 09, 2024

    Termination Of LTD Benefits Was Not Arbitrary, Capricious, Federal Judge Says

    BATON ROUGE, La. — A disability insurer did not act arbitrarily or capriciously in terminating a claimant’s long-term disability (LTD) benefits because the insurer’s decision is supported by substantial medical evidence showing that the claimant was not disabled from performing the duties of any occupation, a Louisiana federal judge said in denying the claimant’s motion for judgment on the administrative record.

  • October 09, 2024

    Disability Claimant Failed To Prove Back Pain, Issues Are Disabling, Judge Says

    ALEXANDRIA, Va. — A disability claimant failed to present sufficient evidence to meet her burden of showing that she is disabled from performing the duties of her own occupation as a result of chronic back pain and disc degeneration, a Virginia federal judge said in granting a disability insurer’s motion for judgment on the administrative record.

  • October 07, 2024

    High Court Refuses To Review 5th Circuit’s Ruling In NFL Disability Benefits Suit

    WASHINGTON, D.C. — The U.S. Supreme Court denied a former National Football League player’s petition for a writ of certiorari in its list of orders issued Oct. 7, refusing to review the Fifth Circuit U.S. Court of Appeals’ ruling that the former NFL player failed to prove that he is entitled to additional disability benefits under the NFL’s benefits plan.

  • September 24, 2024

    Panel Says Insured Failed To Show He Is Disabled From Both Occupations As Required

    TRENTON, N.J. — The Third Circuit U.S. Court of Appeals affirmed a district court’s ruling in favor of a disability income insurer, agreeing with the lower court’s determination that the insured failed to show that he cannot perform the substantial and material duties of his occupations as an ophthalmic surgeon and ophthalmologist.

  • September 18, 2024

    Disability Claimant Must Return $322K Overpayment To Disability Plan, Judge Says

    SPARTANBURG, S.C. — A disability plan’s determination that a claimant must return $322,000 in overpayments made by the plan to the claimant was not an abuse of discretion because the plan requires any overpayment of benefits to be returned to the plan, a South Carolina federal judge said in granting the plan’s motion for summary judgment.

  • September 18, 2024

    Disability Claimant Owed LTD Benefits, Virginia Federal Judge Says

    ALEXANDRIA, Va. — A Virginia federal judge granted a disability claimant’s motion for judgment on the administrative record and ordered the disability insurer to pay the claimant past-due long-term disability (LTD) benefits after determining that the claimant met her burden of showing that she is disabled from working as an engineer as a result of symptoms caused by long COVID.

  • September 06, 2024

    Disability Claimant’s LTD Benefits Must Be Reinstated, Minnesota Federal Judge Says

    MINNEAPOLIS — A Minnesota judge reinstated a disability claimant’s long-term disability (LTD) benefits after determining that the evidence shows that the claimant’s symptoms were disabling and that his condition did not improve to the point where he could work in his own occupation as a medical malpractice attorney.