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Category: Short Term Disability

ERISA Watch – Court Applies California’s Ban on Discretion to Self-Funded Disability Plan

Hello, ERISA Watchers!  This was an exciting week on the topic of state bans on discretionary clauses.  Two recent decisions applied the protection afforded by California Insurance Code Section 10110.6 to render discretionary clauses in disability plans void and unenforceable. …

Long-Term Disability Policy Exclusions

Roughly 25% of the San Francisco Bay Area workforce will experience some kind of disabling illness or injury, but most of these employees will not know the terms of their employer-provided long-term disability plan until they need an ERISA attorney to…

Proving Entitlement to Long-Term Disability Benefits Under ERISA Requires More Than Just A Disabling Medical Condition

Every good long-term disability lawyer knows that getting a claim approved requires more than just showing that her client suffers from a disabling health condition.  There are nearly two million people living in the San Jose metropolitan, and approximately 23%…

ERISA Watch – April 12, 2016

We are pleased to report this week’s notable decision from our neck of the woods: Kresich v. Metro. Life Ins. Co., No. 15-CV-05801-MEJ, 2016 WL 1298970 (N.D. Cal. Apr. 4, 2016). The court held that a claim for intentional infliction…

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