Roberts Disability Law, P.C.

District Court Finds That Lincoln National Did Not Abuse Its Discretion in Concluding That Treating Provider’s Changed Opinion on Disability Was Not Supported by The Medical Evidence

District Court Finds That Lincoln National Did Not Abuse Its Discretion in Concluding That Treating Provider’s Changed Opinion on Disability Was Not Supported by The Medical Evidence - Roberts Disability Law, P.C. In Drake v. Lincoln Nat’l Corp., et al., No. CV-22-08230-PCT-SPL, 2024 WL 2942695 (D. Ariz. June 11, 2024), Arizona District Judge Steve P. Logan granted

District Court Affirms Unum’s Application of Long-Term Care Policy’s “Existing Loss” Exclusion to Deny Insurance Claim

District Court Affirms Unum’s Application of Long-Term Care Policy’s “Existing Loss” Exclusion to Deny Insurance Claim - Roberts Disability Law, P.C. In Child v. Unum Life Ins. Co. of Am., No. C22-2071-LTS-MAR, 2024 WL 2804916 (N.D. Iowa May 31, 2024), Iowa Northern District Judge Leonard T. Strand granted

Ninth Circuit Affirms Judgment Requiring Premera Blue Cross to Pay for Adolescent’s 14-Month Residential Treatment

In N.C., individually & on behalf of minor A.C. v. Premera Blue Cross, No. 23-35381, 2024 WL 2862586 (9th Cir. June 6, 2024), the Ninth Circuit Court of Appeals affirmed the district court’s grant of summary judgment in favor of Plaintiff-Appellee N.C. on their claim for recovery of residential treatment benefits under ERISA § 502(a)(1)(B).

Link to the full decision and summary in the comments.

hashtag hashtag hashtag hashtag

ERISA Circuit Review - May 2024 -

ERISA Circuit Review - May 2024

District Court Finds Reliance Standard Improperly Sought to Offset Social Security Earned Income Benefits from Long-Term Disability Benefits

District Court Finds Reliance Standard Improperly Sought to Offset Social Security Earned Income Benefits from Long-Term Disability Benefits - Roberts Disability Law, P.C. In Aisenberg v. Reliance Standard Ins. Co., No. 1:22cv125 (DJN), 2024 WL 2154739 (E.D. Va. May 14, 2024), Virginia Eastern District Judge David J. Novak

A district court recently ordered Guardian Life Insurance Company to pay a prevailing plaintiff past-due disability benefits, prejudgment interest, attorney’s fees, and costs.

If Guardian or your insurer has denied your disability insurance claim, contact us for assistance.

District Court Finds Guardian Improperly Applied a Pre-Existing Condition Exclusion to Deny Plaintiff’s ERISA-Governed Disability Claim - Roberts Disability Law, P.C. In Kim v. The Guardian Life Insurance Company of America, No. 823CV01579DOCADS, 2024 WL 2106240 (C.D. Cal. May 9, 2024), California Central District Judge

Ninth Circuit Affirms Dearborn Insurance Company’s Denial of Life Insurance Waiver of Premium Benefits Under ERISA.

Ninth Circuit Affirms Dearborn Insurance Company’s Denial of Life Insurance Waiver of Premium Benefits - Roberts Disability Law, P.C. In Wilcox v. Dearborn Insurance Company; Amgen, Inc. Life Insurance Plan, No. 23-55484, 2024 WL 2130598 (9th Cir. May 13, 2024), an unpublished opinion, the

District Court Dismisses Plaintiff’s ERISA and non-ERISA Claims for Disability Benefits

District Court Dismisses Plaintiff’s ERISA and non-ERISA Claims for Disability Benefits - Roberts Disability Law, P.C. In Diederichs v. FCA US LLC, No. 23-11287, 2024 WL 1957328 (E.D. Mich. Apr. 30, 2024), Michigan Eastern District Magistrate Judge Curits Ivy, Jr. granted

Second Circuit Holds Arbitration Agreement Is Unenforceable Because of Prospective Waivers of Participants’ Substantive Statutory Rights and Remedies under ERISA

Second Circuit Holds Arbitration Agreement Is Unenforceable Because of Prospective Waivers of Participants’ Substantive Statutory Rights and Remedies under ERISA - Roberts Disability Law, P.C. In Cedeno v. Sasson, No. 21-2891-CV, __F.4th__, 2024 WL 1895053 (2d Cir. May 1, 2024), a putative class action seeking relief under ERISA Section 502(a)(2),

District Court Permits Extra-Record Discovery to Demonstrate Reliance Standard’s Conflict of Interest and Its Effect on Disability Benefits Decision

District Court Permits Extra-Record Discovery to Demonstrate Reliance Standard’s Conflict of Interest and Its Effect on Disability Benefits Decision - Roberts Disability Law, P.C. In Stambaugh v. Reliance Standard Life Ins. Co., No. CV-23-08140-PCT-DLR, __F.Supp.3d__, 2024 WL 1854499 (D. Ariz. Apr. 22, 2024), Arizona District Judge

ERISA Circuit Review - April 2024 -

ERISA Circuit Review - April 2024

District Court Allows Life Insurance Beneficiaries to Allege an Alternative ERISA Breach of Fiduciary Duty Claim Against Unum

District Court Allows Life Insurance Beneficiaries to Allege an Alternative ERISA Breach of Fiduciary Duty Claim Against Unum - Roberts Disability Law, P.C. In Morales v. CoAdvantage Corp., No. 6:24-cv-117-JA-DCI, 2024 WL 1678250 (M.D. Fla. Apr. 18, 2024), Florida Middle District Judge John Antoon, II granted in

In ERISA Disability Benefit Suit, District Court Finds Reliance Standard Committed Procedural Error and Failed to Adequately Consider Medical Evidence

In ERISA Disability Benefit Suit, District Court Finds Reliance Standard Committed Procedural Error and Failed to Adequately Consider Medical Evidence - Roberts Disability Law, P.C. In Wongsang v. Reliance Standard Ins. Co., No. 1:23-CV-1 (RDA/IDD), 2024 WL 1559292 (E.D. Va. Apr. 10, 2024), Virginia Eastern District Judge Rossie D.

Ninth Circuit Revives Putative Class Action Claims Against UnitedHealth Group for Violation of the Parity Act and ERISA

Ninth Circuit Revives Putative Class Action Claims Against UnitedHealth Group for Violation of the Parity Act and ERISA - Roberts Disability Law, P.C. In Ryan S. v. UnitedHealth Grp., Inc., No. 22-55761, __F.4th__, 2024 WL 1561668 (9th Cir. Apr. 11, 2024), Plaintiff-Appellant Ryan S. brought a putative class

District Court Denies Summary Judgment and Allows Unum to Submit an Amended Final Determination Letter in ERISA Long-Term Disability Action

District Court Denies Summary Judgment and Allows Unum to Submit an Amended Final Determination Letter in ERISA Long-Term Disability Action - Roberts Disability Law, P.C. In Rogers v. Unum Life Insurance Company of America, et al., No. 22-CV-11399-AK, 2024 WL 1466728 (D. Mass. Mar. 31, 2024), Massachusetts District Judge Angel

Court Finds Hartford Improperly Denied Plaintiff’s LTD Claim After Dismissing Both Objective Medical Evidence And Plaintiff’s Credible Subjective Symptoms

Court Finds Hartford Improperly Denied Plaintiff’s LTD Claim After Dismissing Both Objective Medical Evidence And Plaintiff’s Credible Subjective Symptoms - Roberts Disability Law, P.C. In E.L. v. Hartford Life and Accident Insurance Company, No. 22-CV-00050-PCP, 2024 WL 1336463 (N.D. Cal. Mar. 27, 2024), California Northern District Judge P.

Second Circuit Affirms Judgment in Favor of Hartford on ERISA Claims for Long-Term Disability and Life-Waiver-of-Premium Benefits

Second Circuit Affirms Judgment in Favor of Hartford on ERISA Claims for Long-Term Disability and Life-Waiver-of-Premium Benefits - Roberts Disability Law, P.C. In Khesin v. Hartford Life & Accident Insurance Company, No. 22-1766, 2024 WL 1404576 (2d Cir. Apr. 2, 2024), Plaintiff-Appellant Daniel Khesin appealed

ERISA Circuit Review - March 2024 -

ERISA Circuit Review - March 2024

Court Finds Unum Improperly Rejected Plaintiff’s Subjective Symptoms in ERISA LTD Claim For Presumed COVID-19 Disability

In Whitehouse v. Unum Life Ins. Co. of Am., No. CV 22-1736 (JWB/ECW), 2024 WL 1209230 (D. Minn. Mar. 21, 2024), Minnesota District Judge Jerry W. Blackwell granted Plaintiff’s Motion for Judgment on the Administrative Record finding that Plaintiff remained partially disabled under the Unum long-term disability policy, and retroactively reinstating benefits.

Unum upheld its decision on appeal after a review by in-house physician Dr. Scott Norris in which he opined that Plaintiff’s conditions either had sufficiently improved or were not sufficiently supported by medical evidence to warrant further work restrictions. Under a de novo standard of review, the Court found that Dr. Norris’s rationale for denying benefits was not persuasive.

Court Finds Unum Improperly Rejected Plaintiff’s Subjective Symptoms in ERISA LTD Claim For Presumed COVID-19 Disability - Roberts Disability Law, P.C. In Whitehouse v. Unum Life Ins. Co. of Am., No. CV 22-1736 (JWB/ECW), 2024 WL 1209230 (D. Minn. Mar. 21, 2024), Minnesota District Judge Jerry W. Blackwell

Court Orders Unum to Pay Six Figures in Attorneys’ Fees for Wrongful Termination of Long-Term Disability Benefits

Court Orders Unum to Pay Six Figures in Attorneys’ Fees for Wrongful Termination of Long-Term Disability Benefits - Roberts Disability Law, P.C. In Graziano v. First Unum Life Insurance Company, No. 21-CV-2708 (PAC), 2024 WL 1175143 (S.D.N.Y. Mar. 19, 2024), New York Southern District Judge Loretta A.

Court Finds That The Risk Of Contracting Covid-19 And Unavailability Of Personal Protective Equipment Is Not An Injury Or Illness Within The Meaning Of Plaintiff-Physician’s Disability Policy

Court Finds That The Risk Of Contracting Covid-19 And Unavailability Of Personal Protective Equipment Is Not An Injury Or Illness Within The Meaning Of Plaintiff-Physician’s Disability Policy - Roberts Disability Law, P.C. In Osborn v. The Paul Revere Life Insurance Company, No. 1:21-CV-00842-CDB, 2024 WL 1020486 (E.D. Cal. Mar. 8, 2024), a California Eastern District Magistrate

Sixth Circuit Finds Unum’s Conflict of Interest Did Not Motivate Its Decision to Terminate Long-Term Disability Benefits

Fifth Circuit Affirms Denial of Business Travel Accident Insurance Benefits Where Death Occurred During Unauthorized Business Trip

Fifth Circuit Affirms Denial of Business Travel Accident Insurance Benefits Where Death Occurred During Unauthorized Business Trip - Roberts Disability Law, P.C. In Krishna v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania, No. 23-20289, 2024 WL 1049474 (5th Cir. Mar. 11, 2024), the Fifth Circuit

Court Finds Unum’s Use of Nurse Review to Deny Long Term Disability Claim and Appeal Did Not Comport with ERISA Regulations

Court Finds Unum’s Use of Nurse Review to Deny Long Term Disability Claim and Appeal Did Not Comport with ERISA Regulations - Roberts Disability Law, P.C. In Black v. Unum Life Ins. Co. of Am., No. 3:22-CV-2116-X, __F.Supp.3d__, 2024 WL 873536 (N.D. Tex. Feb. 29, 2024), Texas Northern District Judge granted

Court Again Finds Reliance Standard Abused Its Discretion in Failing to Consider Long-Term Disability Claimant’s Risk of Future Harm from Cardiac Condition.

If Reliance Standard has denied your LTD claim, contact us for assistance.

Court Again Finds Reliance Standard Abused Its Discretion in Failing to Consider Long-Term Disability Claimant’s Risk of Future Harm from Cardiac Condition - Roberts Disability Law, P.C. In February 2023, Virginia Eastern District Judge T.S. Ellis, III granted partial summary judgment to Plaintiff finding that the plan administrator abused its

ERISA Circuit Review - February 2024 -

ERISA Circuit Review - February 2024

Another satisfied client!

District Court Finds Plaintiff Has Right to File Lawsuit for Long Term Disability Benefits Due to ERISA Plan’s Procedural Violations

In Witt v. Intel Corporation Long-Term Disability Plan, No. 3:23-CV-01087-AN, 2024 WL 687928 (D. Or. Feb. 16, 2024), Oregon District Judge Adrienne Nelson denied Intel Corp LTD Plan’s motion to compel exhaustion of administrative remedies and to stay proceedings finding that Plaintiff’s appeal had been “deemed exhausted” due to the Plan’s failure to strictly adhere to procedural deadlines.

Link to full decision and summary in the comments.

First Circuit Finds Insurer Owed Fiduciary Duty under ERISA When It Increased Premium Rates for Group Long-Term Care Insurance

First Circuit Finds Insurer Owed Fiduciary Duty under ERISA When It Increased Premium Rates for Group Long-Term Care Insurance - Roberts Disability Law, P.C. In Parmenter v. Prudential Ins. Co. of Am., No. 22-1614, __F.4th__, 2024 WL 613959 (1st Cir. Feb. 14, 2024), Plaintiff-Appellant Barbara Parmenter, on behalf

District Court Grants Plaintiff Limited Discovery Upon Allegation of Insurer Bias In ERISA Benefits Action

In Dotson v. Metropolitan Life Insurance Company, No. CR 5:23-178-DCR, 2024 WL 532301 (E.D. Ky. Feb. 9, 2024), Kentucky Eastern District Chief Judge Danny C. Reeves granted Plaintiff’s motion to compel, finding that Plaintiff sufficiently alleged the existence of bias to warrant limited discovery outside the “administrative record” in this ERISA action seeking long-term disability benefits.

Link to full summary and decision in the comments.