Yesterday, Jordan Weissman’s excellent article, “Disability Insurance: America’s $124 Billion Secret Welfare Program,” published March 25, 2013 in The Atlantic, explains how the number of former workers enrolled in Social Security Disability has doubled in 20 years. He states: “Since the early 1990s, the number of former workers receiving payments under it has more than… Continue Reading
Category Archives: Uncategorized
Subscribe to Uncategorized RSS FeedSubrogation Claims are “Equitable Relief” Governed by ERISA
Posted in UncategorizedThat subrogation claim you have might be governed by ERISA, at least in some circuits… Here’s the case of Thurber v. Aetna Life Insurance Company, __F.3d__ (2nd Cir. March 13, 2013) (Insurer’s counterclaim for return of overpaid benefits was an equitable claim for restitution, falling under ERISA’s jurisdiction). FACTS. Sharon Thurber broke both legs in… Continue Reading
ERISA: Releases Should Explicitly Release ERISA Claims and ERISA Plan
Posted in ERISA, UncategorizedHere’s a unique twist: Does that workers’ compensation settlement agreement release the ERISA disability claim? Probably not, unless the release explicitly mentions ERISA claims and the ERISA Plan. Here’s the case of Duncan v. Hartford Life and Accident Insurance Company, 2013 WL 506465 (E.D. Cal. February 8, 2013)(workers’ compensation release did not eliminate ERISA disability… Continue Reading
ERISA: 8th Circuit–Claimant’s Contradictory Statements to SSA Can Be Used To Deny ERISA Disability Claim Involving Commissions/Bonus
Posted in ERISA, UncategorizedWhat happens when an ERISA claimant submits contradictory statements to the Social Security Administration and the ERISA plan administrator? Can these contradictory statements be used to deny the ERISA claim? YES. What’s the difference between a “Commission” and a “Bonus” in calculating a claimant’s monthly benefit? The dissent in this new decision provides guidance… Here’s… Continue Reading
Ninth Circuit: What Happens When the Plaintiff is not a Plan “Participant”? Move to Dismiss for Lack of Subject Matter Jurisdiction? Think Again.
Posted in ERISA, UncategorizedCourts had dismissed ERISA cases for lack of subject matter jurisdiction when the plaintiff was not a plan “participant, beneficiary or fiduciary.” Harris v. Provident Life Accident Ins. Co., 26 F.3d 930, 934 (9th Cir. 1994). Not any more in the Ninth Circuit. The issue is now merely an element of the ERISA case. Rather… Continue Reading
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