Disability plans (BenefitsLink.com)Headlines re Disability plans, gathered by BenefitsLink.comGuidance Overview Supreme Court Issues Two Decisions Affecting Benefit Plans (PDF)- (Found June 24, 2008 ) 5 pages. Excerpt: "On June 19, the United States Supreme Court issued decisions in Kentucky Retirement Systems v. Equal Employment Opportunity Commission, . . . and in Metropolitan Life Ins. Co. v. Glenn, . . . . The first decision discusses the disparate impact test under the Age Discrimination in Employment Act (ADEA); the second addresses the standard of review to be applied by the courts when reviewing a decision of a claims fiduciary that may have a financial interest in the outcome...http://www.morganlewis.com/pubs/LEPG_DecisionsAffectingBenefitPlans_LF_23jun08.pdf Guidance Overview Will MetLife v. Glenn Change the Landscape of Employee Benefits Litigation (PDF)- (Found June 24, 2008 ) 4 pages. Excerpt: "In short, MetLife v. Glenn raises a number of important issues regarding the degree of deference courts will actually apply in benefits disputes, and (possibly) the scope of discovery in such cases. However, the full impact of the Court's decision on benefits litigation in general remains to be seen." (Alston & Bird LLP)http://www.alston.com/files/Publication/055aa2d3-7539-4614-8af8-da83f31974fc/Presentation/... Guidance Overview Supreme Court Rules Kentucky Disability Pension Plan Not Age Discriminatory- (Found June 24, 2008 ) Excerpt: "In a case that should be of interest for employment discrimination and employee benefit scholars, Kentucky Retirement Systems v. EEOC, the Supreme Court in a close 5-4 decision has found the Kentucky public pension plan not to be age discriminatory in an usual division of the Justices." (Workplace Prof Blog)http://lawprofessors.typepad.com/laborprof_blog/2008/06/supreme-court-k.html Court Clarifies Standards for Denial of Disability Benefits- (Found June 24, 2008 ) Excerpt: "Judges must approach medical disability and health insurance disputes with a skeptical eye when they involve insurance companies that both evaluate and pay employee claims. In a 6 to 3 decision announced Thursday, the US Supreme Court ruled that benefit denials by such companies must be examined with caution when circumstances suggest a high likelihood that financial considerations affected a benefits decision." (The Christian Science Monitor)http://www.csmonitor.com/2008/0620/p25s16-usju.html Uncooperative Benefits Applicant Loses Appellate Legal Battle- (Found June 24, 2008 ) Excerpt: "A federal appellate court has turned away an appeal of an employee fighting for benefits under her employer's disability plan because she did not play an active role in the disability determination process as mandated by the plan rules." (PLANSPONSOR.com; free registration required)http://www.plansponsor.com/pi_type10/?RECORD_ID=41738 Guidance Overview 11th Circuit Declines to Expand ERISA 'Full and Fair Review'- (Found June 24, 2008 ) Excerpt: "In Glazer v. Reliance Standard Life Ins. Co., the Eleventh Circuit decided an issue of first impression: whether a long-term disability claimant was deprived of a 'full and fair review' when the claims administrator did not provide her with a copy of an independent medical review it performed before it decided the appeal of her claim for benefits. The Eleventh Circuit held that, under ERISA, the claims administrator was not required to provide the claimant with a copy of the...http://www.floridaappellateblog.com/2008/06/11th-circuit-declines-to-expand-erisa-full-and... Huge Victory in Virginia for Long-Term Disability Claimants- (Found June 24, 2008 ) Excerpt: "Yesterday, the Fourth Circuit Court of Appeals dealt a major blow to Prudential Insurance Company of America in an ERISA group long-term disability case involving a claim for benefits. The big issue in these all of these ERISA disability cases is whether a federal judge can look at a claim denial 'all over again' or whether he has to grant deference to the insurance company administrator denying the claim." (InjuryBoard.com)http://northernvirginia.injuryboard.com/miscellaneous/huge-victory-in-virginia-for-longter... Guidance Overview Court Refuses to Dismiss Complaint After Removal to Federal Court Under ERISA- (Found June 24, 2008 ) Excerpt: "The plaintiff filed a complaint in Georgia state court after Reliance Standard denied his long-term disability claim. In addition to compensatory damages for breach of contract, the plaintiff sought damages for statutory bad faith. Reliance Standard filed a notice to remove the case to federal court, arguing that the claim fell exclusively within the purview of ERISA. Reliance Standard moved to dismiss, arguing that ERISA preempted the state-law claims." (ERISA on the Web)http://www.erisaontheweb.com/2008/06/articles/another-category/court-refuses-to-dismiss-co... Guidance Overview Defendants Required to File Complete ERISA Record- (Found June 24, 2008 ) Excerpt: "In Kirsch v. Jefferson Pilot Financial Ins. Co., 2008 U.S. Dist. LEXIS 43876 (D. Wis. Jun. 3, 2008), the ERISA defendants filed a motion for summary judgment, arguing that the plaintiff's claims for long-term disability benefits had been appropriately denied. In support, the defendants filed only portions of the ERISA record. The plaintiff opposed the motion, arguing that the failure to file the complete ERISA record precluded summary judgment." (ERISA on the Web)http://www.erisaontheweb.com/2008/06/articles/another-category/defendants-required-to-file... Guidance Overview Despite Remand to Carrier, Court Awards Attorney's Fees- (Found June 24, 2008 ) Excerpt: "The plaintiff, Kathleen Hoskins, filed suit under ERISA against MetLife. She contended that MetLife had wrongly denied her benefits and withheld certain documents. The federal district court in Arizona denied MetLife's summary judgment motion on the merits, remanded the claim back to MetLife for further review, and assessed statutory penalties against MetLife's for its failure to provide the documents. Hoskins then sought an award of attorney's fees and costs under 29 U.S.C. ...http://www.erisaontheweb.com/2008/06/articles/another-category/despite-remand-to-carrier-c... |