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Category: Long-Term Disability

Your ERISA Watch – Second Circuit Holds Attorney’s Lawsuit for Disability Benefits Time-Barred under Policy’s Limitations Period

This week’s notable decision is the unpublished Second Circuit decision in Arkun v. Unum Group, No. 17-3354, __F.App’x__, 2019 WL 1579589 (2d Cir. Apr. 12, 2019), a matter involving a late-filed lawsuit for long-term disability benefits. Plaintiff-Appellant Arkun, a former…

Your ERISA Watch – Tenth Circuit Holds that Cryotherapy Technician Is a “Sales” Employee under Group Long-Term Disability Policy

This week’s notable decision is Hodges v. Life Ins. Co. of N. Am., No. 18-1279, __F.3d__, 2019 WL 1446800 (10th Cir. Apr. 2, 2019), a matter involving the proper calculation of long-term disability benefits based on the classification of the…

Your ERISA Watch – First Post-Ariana M. de novo Trial of Disability Claim Denial Results In Win for Claimant Against The Hartford

There were just so many notable decisions this past week that it was hard to choose just one to highlight.  So, I decided to highlight a case that has not gotten as much play in the other major case reporting…

Your ERISA Watch – First Circuit Holds that Substantial Compliance Doctrine Does Not Save Participant’s Untimely ERISA Administrative Appeal

This week’s notable decision is Fortier v. Hartford Life & Accident Ins. Co., No. 18-1752, __F.3d__, 2019 WL 697989 (1st Cir. Feb. 20, 2019), where the First Circuit dealt a blow to ERISA plan participants when it comes to exhausting…

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