Lane Powell PC is a law firm that has recently combined with Ballard Spahr to form a nationally recognized firm with a broad geographic presence across the United States. The firm has a long history and focuses on providing legal services with an emphasis on client service, diversity, inclusion, and community engagement. Its published content frequently addresses legal issues related to employee benefits and insurance law, particularly ERISA-governed long term disability claims. The firm analyzes court decisions and procedural requirements in ERISA litigation, offering insights into claims administration, judicial review standards, and evidentiary burdens in disability benefit disputes.
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What does it mean to be totally disabled from the “regular occupation”?
Is “regular occupation” defined as the duties the claimant is actually doing in his or her specific job? NO.
Each claim should be assessed from the perspective …
Disability claimants often attack the ERISA plan’s expert medical reviewer as biased, sometimes seeking discovery in an attempt to show bias.
Here’s a new case that highlights what can happen in a de novo review case: No discovery about a …
Practicing law can create real headaches.
But do headaches constitute a disabling condition justifying ERISA-governed long term disability benefits?
This new case explains the correct process in assessing “job duties” in the “Own Occupation” analysis…
Lots of national white collar stories in recent weeks.
But first, why no thoughts (yet) on the Mueller Report? First, it’s been and will continue to be widely covered elsewhere. Second, it’s been a busy two days, and…
When does evidence of malingering justify denial of a long term disability claim? It depends. A physician’s subjective opinion regarding malingering may have less weight than objective neuropsychological testing.
Key Take Away: When the claimant’s neuropsychological testing is …
You already know that ERISA sets forth a 180-day time limit for internal administrative appeals of benefit denials.
And failure to pursue a timely internal administrative appeal can subject the claimant (in a later federal lawsuit) to the defense of…
From time to time you may see ERISA benefit claimants seeking declarations from the Court regarding “future benefits.”
But there is that old rule, recently recognized again, that such claims should be dismissed because there is no “live case or …
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You already know that in ERISA cases the court has discretion to award reasonable attorney fees if the claimant shows “some degree of success on the merits” and this success is more than ‘trivial success on the merits’ or ‘purely…
