If you practice in the Ninth Circuit, you’ll want to read this one. Is it an abuse of discretion if the plan fails to have an Independent Medical Examination which includes a “personal examination”? Until now there has been no Ninth Circuit case stating that the plan abused discretion by failing to have a physician’s… Continue Reading
Monthly Archives: March 2011
About Us
Lane Powell offers a sophisticated practice in ERISA-related matters, from the formation and administration of ERISA plans, to the litigation of ERISA-related claims. Lane Powell has represented both employees and employers in various ERISA litigation situations.
Know the Landscape™
Topics
Stay Connected
Subscribe via RSSSubscribe by email
Recent Updates
- 6th Circuit: Plan Administrators are NOT Necessarily Required to Obtain Vocational Evidence or an IME Before Making their LTD Determinations
- Government Plans are Exempt from ERISA… But What is the Definition of “Government”?
- Converted Individual Disability Policies Governed by ERISA?
- U.S. Supreme Court: Equity Cannot Trump ERISA Plan Terms in ERISA Reimbursement Case
- Americans Score More Easily Seeking Social Security Disability— Reasons Why Social Security Findings Could Be Rejected by ERISA Claims Administrator
- “Full and Fair Review” — Okay to Disclose Medical Opinions on Appeal After Appeal Denial
- “Appropriate Care Clause” Imposes Duty on Claimant to Seek and Accept Medical Care/Treatment Aimed at Returning Claimant to Work
- Number of Employees on Disability Has Doubled in 20 Years
- Claims Administrator Does Not Have to Pay Statutory Penalties for Failing to Provide Requested Documents
- Subrogation Claims are “Equitable Relief” Governed by ERISA
- ERISA can apply to Individual Policies: Offering a group discount constitutes a “contribution” sufficient to create an ERISA plan
- ERISA: Releases Should Explicitly Release ERISA Claims and ERISA Plan
- 8th Circuit – Expressing Intent to Appeal in the Future Does Not Constitute an “Appeal.”
- ERISA: 8th Circuit–Claimant’s Contradictory Statements to SSA Can Be Used To Deny ERISA Disability Claim Involving Commissions/Bonus
- ERISA: Plan Language Controls Even When an Adhesion Contract and Plan Language is “Not What a Reasonable Employee Would Expect.”
- Tomorrow U.S. Supreme Court Hears Whether Equitable Defenses Can Preclude ERISA Plan Subrogation Rights
- Plan Administrator “Consultation” with Plan Does Not Create Structural Conflict of Interest
- Do You Have To Consider A Social Security Administration Disability Decision AFTER Appeal Denial?
- 9th Circuit – In-House Counsel Internal Communications Before Final Appeal Not Privileged
- Failure to Exhaust Defense Trumps Missing Administrative Record
- Effective Delegation of ERISA Plan Administrator Duties and Standard of Review
- Long Term Disability — Claims Manuals Entitled to Protective Order
- When Are Short Term Disability Claims NOT Governed by ERISA — This Case Explains When State Law Claims Are Not Preempted
- 8th Circuit — Defining the “Regular Occupation,” and the Language Needed to Confer Discretion
Archives
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- September 2010
- August 2010
- July 2010
- May 2010
Links
In The News
Lane Powell Blogs
Blogroll
- 401k Fiduciary News
- Beyond Healthcare Reform
- Boston ERISA & Insurance Litigation Blog
- Disability Law Blog
- E is for ERISA
- Employee Benefits Counsel
- Employee Benefits Law Report
- ERISA & Employee Benefits Litigation Blog
- ERISA Lawyer Blog
- ERISA Pundit
- ERISA Wonk
- Health Benefits Law Report
- Health Plan Law
- Life, Health and Disability Insurance Blog
- Life, Health and Disability Insurance Law Blog
- Passion for Subro
- Smart HR Manager
- Southeastern ERISA Watch