How do you respond to typical arguments by those seeking ERISA-governed disability benefits that the claim administrator:
-“cherry-picked the record”;
-ignored the social security disability determination;
-improperly considered claimant’s vacation travel;
-made inconsistent determinations?
Here’s the case of Chen v. CenturyLink, 2017 WL 219008 (D. Colo. May 18, 2017)(attached), with quick rebuttals to those…
What happens when an independent, unsolicited source provides evidence that a disability claimant may be committing fraud? Can you consider emails hacked from a computer? What must the claim administrator do to evaluate the source of the evidence?
Here’s a fun new case to read (even if you don’t care about the issue presented). Truitt…
An update on ERISA Life, Health, Disability matters from BOOM: The ERISA blog. https://www.boomerisablog.com/
We all know that ERISA disability claimants must exhaust administrative remedies before bringing a suit. Exhausting administrative remedies typically includes seeking an internal appeal.
But…what is required in the claimant’s letter to the Plan to constitute an “appeal”?
Here’s a…
“No one loves the messenger who brings bad news.” Antigone (lines 276-77).
What happens when an ERISA claimant brings state law claims against independent medical consultants retained by the Plan to provide medical reviews eventually relied upon in claim denials?
Are these claims preempted by ERISA?
Good news: Sometimes yes.
Here’s the case of…
