by Carrie J. Feit | Mar 5, 2010 | Archive
A district court found in favor of a CFIDS ERISA claimant, and against Provident’s conclusion that the claimant could perform “any occupation” based on its Functional Capacity Evaluation (FCE), surveillance, and the fact that the claimant worked after she began...
by Carrie J. Feit | Feb 16, 2010 | Archive
Existing ERISA law regarding equitable liens provides that only an “identifiable fund” of money can be recovered since ERISA is an equitable statute and does not allow recovery of pure money damages. Based on such ERISA tenet, a Middle District of Florida court denied...
by Carrie J. Feit | Feb 10, 2010 | Archive
An Illinois district court, after remand by the Seventh Circuit, recognized that CIGNA’s disregard of an ERISA claimant’s award of SSDI benefits, after providing an advocate to the long term disability claimant to secure the same, added weight to the notion that CIGNA...
by Carrie J. Feit | Jan 20, 2010 | Archive
Yesterday, a Court out of Missouri found that Life Insurance Company of North America (LINA) was arbitrary and capricious in denying the Plaintiff’s long term disability claim due to an unreasonable misinterpretation and selective review of the medical evidence....
by Carrie J. Feit | Jan 15, 2010 | Archive
On January 14, 2010, the First Circuit upheld Liberty Life Assurance Company of Boston’s termination of a fibromyalgia claimant’s long term disability benefits based on multiple rounds of surveillance that showed sporadic activities over the course of several days....
by Carrie J. Feit | Jan 11, 2010 | Archive
A Regional Quality Insurance Nurse, responsible for ensuring that all nursing practice standards at multiple facilities met with state and federal guidelines, was denied disability benefits by Unum despite results of neuropsychological testing that showed gross...
