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Mealey's Disability Insurance

  • December 06, 2024

    New Jersey Federal Magistrate Allows Limited Discovery In Disability Dispute

    NEWARK, N.J. — A New Jersey federal magistrate judge on Dec. 5 determined that an attorney who alleges that his claim for long-term disability (LTD) benefits was wrongfully denied is entitled to take very limited discovery regarding compensation and performance evaluations of personnel used by the disability insurer in evaluating his LTD claim.

  • December 06, 2024

    Claimant Appeals Ruling That She Failed To Meet Burden Of Proving Disability

    CINCINNATI — A disability claimant filed a notice of appeal to the Sixth Circuit U.S. Court of Appeals, challenging a Michigan federal judge’s finding that she failed to prove by a preponderance of the evidence that she was disabled from performing the duties of her own occupation.

  • December 06, 2024

    Disability Insurer Properly Terminated LTD Benefits Based On Policy Limitation

    ST. LOUIS — A disability insurer’s termination of a disability claimant’s long-term disability (LTD) benefits was reasonable because the insurer properly found that the claimant’s disability was the result of a mental illness, which limited the claimant’s benefits to 24 months, a Missouri federal judge said in granting the insurer’s motion for partial summary judgment.

  • December 06, 2024

    LTD Benefits Wrongfully Terminated Based On Policy Limitation, Claimant Says

    DENVER — A disability insurer and its claims administrator wrongfully terminated a claim for long-term disability (LTD) benefits based on the policy’s limitation for mental or nervous disorders, a disability claimant contends in a complaint filed in Colorado federal court.

  • December 06, 2024

    Denial Of STD Claim Was Not Arbitrary, Capricious, Minnesota Federal Judge Says

    MINNEAPOLIS — The denial of a short-term disability (STD) claim was not arbitrary and capricious because a reasonable person could have reached the same decision as the disability insurer and because the claimant’s medical records do not show that his conditions worsened to a point where he was unable to work, a Minnesota federal judge said in granting the insurer’s motion for summary judgment.

  • December 06, 2024

    New York Federal Judge Says Disability Claimant Met Burden, Is Owed Benefits

    NEW YORK — A New York federal judge granted judgment in favor of a disability claimant after determining that the claimant met her burden of proving by a preponderance of the evidence that she was disabled from performing the duties of her own occupation as a result of symptoms caused by depression, anxiety and posttraumatic stress disorder (PTSD)

  • December 05, 2024

    Doctor Entitled To Almost $98K In Attorney Fees For Success On Disability Claim

    SAN FRANCISCO — A pediatrician who successfully prevailed on her claim for long-term disability (LTD) benefits based on her high risk of exposure to the COVID-19 virus is entitled to $97,965 in attorney fees and $625 in costs because the pediatrician succeeded on the merits of her disability claim and the disability insurer presented no special circumstances that would warrant against an award, a California federal judge said in granting the pediatrician’s motion for attorney fees and costs.

  • December 05, 2024

    Denial Of LTD Benefits Claim Was Not Abuse Of Discretion, Texas Federal Judge Says

    DALLAS — A disability insurer did not abuse its discretion in denying a claim for long-term disability (LTD) benefits following remand of the LTD claim because substantial evidence supports the insurer’s finding that the claimant was capable of working in a sedentary position, a Texas federal judge said in granting judgment in favor of the disability insurer.

  • December 05, 2024

    Total Disability Questions Should Be Certified To La. High Court, Claimant Says

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals should withdraw an unpublished opinion entered in favor of a disability insurer and certify two questions of law to the Louisiana Supreme Court regarding whether a disability claimant was required to prove that she was disabled from performing all of the duties of her occupation as a pharmacist in order to meet the policy’s definition of total disability, the claimant maintains.

  • December 04, 2024

    Federal Judge Affirms Denial Of Disability Claimant’s Motion To Clarify Record

    SPRINGFIELD, Mass. — A Massachusetts federal judge affirmed a magistrate judge’s denial of a disability claimant’s motion to clarify and complete a claim record after determining that no part of the magistrate judge’s order is clearly erroneous or contrary to law.

  • November 22, 2024

    Federal Judge Reinstates LTD Benefits, Calls Unum’s Claims Handling Disappointing

    PORTLAND, Maine — A disability claimant’s long-term disability (LTD) benefits must be reinstated because Unum Life Insurance Company of America’s decision to terminate the benefits after paying for more than 20 years was arbitrary and capricious, a federal judge in Maine said after noting that “it was disappointing to review such an approach to claims handling by one of the nation's leading providers of long-term disability plans.”

  • November 21, 2024

    Ample Evidence Supports Disability Plan’s Termination Of Benefits, Panel Says

    PHILADELPHIA — The Third Circuit U.S. Court of Appeals affirmed a district court’s grant of summary judgment in favor of a disability insurer after determining that ample evidence supports the determination that the claimant was not disabled from performing the duties of any occupation.

  • November 21, 2024

    6th Circuit Panel Says Mental Health Limitation Was Not Exhausted

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals rejected a disability insurer’s argument that a district court erred in finding that a disability plan’s 24-month mental health limitation was exhausted after determining that the mental health limitation did not apply during the time period in which the plan participant was totally disabled as a result of a physical disability.

  • 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.