Long Term Disability Benefit

So who is a proper defendant in an ERISA benefits case? BIG NEWS: The answer just changed in the Ninth Circuit.

The Ninth Circuit just overruled Everhart v. Allmerica Financial Life Insurance Co., 275 F.3d 751 (9th Cir. 2011) and other cases, which limited proper defendants to plans and plan administrators.

In the Ninth Circuit,

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