ERISA Disability and Life Insurance Litigation

Here, the claimant was a night-shift nurse at a long-term care and skilled rehabilitation center grappling with multiple health issues, including fibromyalgia, chronic fatigue syndrome, degenerative disc disease, and migraines, which significantly impacted her ability to work, particularly in her demanding role as a night-shift nurse. Despite the significant impact on her ability to perform, Princ...

The plaintiff in the long-term disability case, a dental hygienist, became disabled following a car accident. She had been receiving total disability benefits since 1997, with her condition periodically reviewed by the insurer. In 2019, the insurer reclassified her as only partially disabled, based on her continued performance of some duties related to her occupation. This reclassification led to...

In ERISA cases, the appellate review focuses on the administrative record's support for the district court's conclusions, regardless of how it arrives there, suggesting that the historical medical context is relevant but not a basis for reversing the judgment. When her multiple sclerosis (MS) progressed and began to seriously affect her career, the claimant, a vice president of health in...

The main legal issue argued in the argument revolves around whether evidence outside the administrative record can be submitted in cases governed by de novo review under ERISA. The appellant contended that contrary to established 11th Circuit precedents, the lower court erroneously limited evidence to the administrative record. This issue is pivotal as it affects the ability of claimants to presen...

This is the appellate argument of a marketing executive who was either working or not working when he became disabled.  The claimant was grappling with a life-altering illness amidst the uncertainty of his employment status.  His fight against the insurance giant Reliance Standard insurance company centers on the interpretation of 'active, full-time employee' status in the context of his...

This case arises out of the Central District of California. The issue was whether the claimant had been totally disabled during entire elimination period. This is the oral argument in the Court of Appeals Here, the trial court decided that the claimant did not prove his right to Long-Term Disability (LTD) benefits. The key issue was whether Atanuspour couldn't perform his job as a sales manag...

The oral argument focuses on the case of a claimant who has lived with Charcot Marie Tooth Syndrome (CMT), a degenerative neurological condition. She worked as a nurse at the Mayo Clinic Health System from 2003 to 2011. Her condition, particularly noted in her legs, led to muscle atrophy. Her treating doctor  has observed the progression of her CMT for over four years. By 2011, her condition worse...

The plaintiff, a former attorney at a law firm with an array of medical conditions, ultimately leading to her applying for long-term disability (LTD) benefits. Her conditions include Ehlers-Danlos syndrome, cervicomedullary syndrome, severe depression, and other neurological and cognitive impairments, significantly impacting her ability to perform her professional duties. Why Listen: Understanding...

This podcast episode presents the oral arguments from the case of Lisa Holden, who worked at the prestigious law firm Williams & Connolly, LLP. As an aspiring or practicing lawyer, especially with an interest in ERISA long-term disability claims, you'll find this case not only intriguing but also highly educational. Background : Lisa Holden, an employee with Williams & Connolly from 1...

Here a claimant lost her case because both the trial court and the Court of Appeals found that Life Insurance Company of North America was correct in determining that her disability was caused, in part, by a preexisting condition. Harrison v. Life Insurance Company of North America, the court's analysis focused on the application of the pre-existing condition clause in Harrison's ERISA-g...

This is the Court of Appeals Oral Argument. In the District Court, the case involves Bryce Dunham-Zemberi's challenge to the denial of long-term disability benefits under ERISA.  The medical conditions involve the cervical spine, left shoulder, elbow, and bicep injuries, as well as his inability to lift more than 10-15 pounds and failed grip and pinch strength tests.  The court reviewed exten...

Here, the claimant sued her insurance company, Reliance Standard, for not paying her long-term disability benefits after a car accident. She claimed to be not able to work due to a number of medical conditions, including post-concussion syndrome, severe hyperacusis, vestibulopathy (dizziness), migraines, and cognitive problems. The District Court decided in Tekmen's favor. Reliance Standard d...

In this case, Ben Glass Law represented the claimant, a coal miner from the southwest part of Virginia. This is the oral argument in the Third Circuit Court of Appeals. This court hearing focuses on the challenges faced by a disabled coal miner from Southwest Virginia navigating ERISA and long-term disability cases. We discuss the essential fight for benefits, examining the fiduciary duties of pla...

This is the Sixth Circuit oral argument: Beth Jordan challenged the decision of a lower court that favored Reliance Standard Life Insurance Company in a case about her long-term disability benefits from August 2, 2016, to September 18, 2017. The Sixth Circuit Court of Appeals, disagreed with the lower court and sent the case back, telling them to grant Jordan her long-term disability benefits. Rel...

This is the oral argument in the Sixth Circuit. Vickie Tranbarger sought to establish her right to long-term disability benefits under a policy governed by the Employee Retirement Income Security Act (ERISA). This policy was insured by Lincoln Life & Annuity Company of New York. The crux of the matter centered on the legal scrutiny applied to Lincoln Life’s decision to deny these benefits. Lot...

The issue centered around the claimant who was employed as a Windows Systems Administrator at the McKesson Corporation and suffered from chronic pain and sleep disorders that greatly affected his daily life and ability to work. These conditions formed the foundation of his request for long-term disability benefits. Life Insurance Company of North America (LINA), the claimant's insurance provi...

The case revolved around a claimant who challenged the denial of her long-term disability benefits from Reliance Standard, arguing that the insurer had failed to recognize the full impact of her multiple sclerosis (MS) on her role as a Financial Analyst at Adsum Inc. As a Financial Analyst, the claimant was tasked with managing financial services, including analyzing complex systems and conducting...

This is the oral argument in a case involving MetLife’s two year limitation of benefits for neuromuscular, musculoskeletal, or soft tissue disorders. In his disability claim, Penland cited several conditions. He contracted E. Coli during a business trip, leading to colon resection surgery, where part of his colon and a small intestinal cyst were removed. He also reported suffering from idiopathic...

In this case the claimant worked as a writer/editor, a role considered sedentary and requiring him to sit almost continuously, with only occasional physical movements such as bending, twisting, or stooping and Zurich American Insurance Company, the claimant's insurance provider who denied his claim had concluded that the documentation did not conclusively show he was unable to fulfill his job...

In this case, the claimant served as a plant manager for Charles Craft Inc., a position he held since the 1970s until he was compelled to leave due to a series of strokes and heart problems. Given his occupation required significant responsibility and oversight, it became untenable for him to continue in this role due to his severe health issues. Subsequently, the claimant faced multiple medical c...

Aetna denied the claim. The claimant appealed and then asked for her claim file. Aetna said "no," we won't give it to you. Does that violate ERISA's long term disability claim regulations? In this oral argument from the Fourth Circuit Court of Appeals in Richmond, Virginia, long-term disability attorney Ben Glass (Fairfax, VA) represents a claimant whose long-term disability cl...

Overview: the employer changed life insurance companies while an employee was already out on disability. Should the new company have covered the family when the employee passed away? The legal issue  revolved around the eligibility for life insurance benefits under an ERISA-governed policy. The main question was whether the insurer, Lincoln National Life Insurance Company, had abused its discretio...