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…
The claimant sues the ERISA plan for long term disability benefits, but refuses to reimburse Social Security repayments. What to do? Counterclaim.
Here’s the case of Bigda v Principal Life(D. Mass. February 3, 2011)(court allows plan administrator to pursue counterclaim for reimbursement).
FACTS: Bigda sought long term benefits under an ERISA plan. The administrator…
Can a commercial airline pilot experiencing “psychotic episodes” fly a plane? You’ll find out if you read this case:
Miller v. American Airlines, __ F.3d __ (3rd Cir. January 25, 2011).
The case also highlights: (1) what should be in a benefit termination letter; (2) that new medical evidence is needed to justify benefit…
