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Mealey's Disability Insurance

  • July 10, 2025

    Order Vacated, Case Dismissed In LTD Benefits Row Involving COVID Risk

    SAN FRANCISCO — After vacating an August 2024 order and judgment that were in favor of a pediatrician who sought long-term disability (LTD) benefits based on her high risk of exposure to COVID-19, a California federal judge dismissed the case with prejudice pursuant to the parties’ stipulation.

  • July 09, 2025

    California Federal Magistrate Rules Claimant Eligible For 2 Years Of LTD Benefits

    SAN FRANCISCO — In a decision that involved weighing the opinions of numerous doctors, a California federal magistrate judge ruled that a claimant who held a “demanding managerial” role before saying that anxiety, depression and atypical autism made her unable to work is entitled to long-term disability (LTD) benefits “for the two-year mental disorder benefit period” and is eligible to seek attorney fees.

  • July 09, 2025

    10th Circuit Won’t Award Attorney Fees For Presuit Appeal In LTD Benefits Row

    DENVER — Affirming dismissal of a case filed under the Employee Retirement Income Security Act, the 10th Circuit U.S. Court of Appeals on July 8 rejected a bid to make a long-term disability (LTD) insurer pay attorney fees for an administrative appeal that got benefits reinstated.

  • July 08, 2025

    Judge Upholds Denial Of ‘Any Occupation’ LTD Benefits On De Novo Review

    MINNEAPOLIS — Upholding denial of long-term disability (LTD) benefits under an “any gainful occupation” standard on de novo review, a Minnesota federal judge said in part that the denial “was in lockstep with” restrictions on the claimant at the time and that a treating physician’s efforts to retroactively “walk back” those restrictions “do not change things.”

  • July 08, 2025

    Judge Says LTD Plan Must Take Another Look At Denial After Deadline Snafu

    SEATTLE — Ruling that equitable estoppel bars an untimeliness argument against a long-term disability (LTD) claimant who was given an incorrect administrative appeal deadline, a federal judge in Washington concluded that the correct remedy is remand “to the LTD plan administrator for review based on the full record, including the now-available post-denial medical information and literature involving long COVID.”

  • July 03, 2025

    California Federal Judge Sanctions Lawyer For AI-Faked Cites In Disability Case

    SANTA ANA, Calif. — A California federal judge imposed sanctions including a $500 payment on a plaintiff’s attorney who told the court that he “failed to scrutinize and oversee the preparation of” memoranda “filed with erroneous case citations that were invented by AI”; the breach of contract suit over termination of total disability benefits is headed toward a jury trial after the judge last month granted summary judgment for the insurer on a bad faith claim.

  • July 01, 2025

    Connecticut Federal Judge Upholds LTD Termination Under ‘Any Occupation’ Standard

    NEW HAVEN, Conn. — Closing a lawsuit filed by a shop fabricator with rheumatoid arthritis and granting judgment in favor of a long-term disability (LTD) insurer, a Connecticut federal judge said that “although this may be a case where a contrary determination would also be supported by substantial evidence,” overall “there was substantial evidence to support [the insurer’s] determination that Plaintiff was not disabled under the ‘Any Occupation’ definition.”

  • July 01, 2025

    Judge Rules For Claimant In LTD Row Involving Own-Occupation Duties

    CHATTANOOGA, Tenn. — Ruling on de novo review for a long-term disability (LTD) claimant who has neck and back pain, a Tennessee federal judge ordered retroactive reinstatement of her benefits in the case, resolving issues including what the duties of her regular occupation as a hospital chief clinical officer (CCO) are.

  • June 26, 2025

    California Federal Judge Gives Disability Insurers Win In Breach, Bad Faith Row

    LOS ANGELES — Granting summary judgment for insurers in an individual disability insurance (IDI) dispute, a California federal judge ruled in part that insurers were prejudiced by late notice of the claim.

  • June 25, 2025

    In ‘Close Call’ Case, Judge Rules For LTD Claimant In Any-Occupation Dispute

    SACRAMENTO, Calif. — In a decision he described as “a very close call,” a California federal judge ruled on de novo review that a claimant was disabled from any occupation under the terms of a long-term disability (LTD) plan; among other things, the judge resolved opposed requests for judicial notice and explained his findings that the opinions of several doctors should be given little to no weight but the claimant’s “reports of pain are entitled to some weight.”

  • June 25, 2025

    LTD Insurer Wins Summary Judgment In Dispute Involving Sedentary Work Ability

    SYRACUSE, N.Y. — Saying in part that “[s]ubstantial evidence supports the Defendant’s determination that Plaintiff can perform sedentary work,” a New York federal judge upheld termination of long-term disability (LTD) benefits for a nurse practitioner under an “any gainful occupation” definition of disability.

  • June 16, 2025

    4th Circuit Upholds LTD Benefits Ruling Involving ‘Objective Evidence’ Exception

    RICHMOND, Va. — Saying in part that “a patient’s self-reported symptoms of pain and fatigue are the exact sort of evidence that the objective-evidence bar is designed to eliminate,” the Fourth Circuit U.S. Court of Appeals issued an unpublished June 13 opinion affirming judgment for a long-term disability (LTD) insurer that terminated benefits under a maximum lifetime limitations provision for neuromuscular, musculoskeletal and soft tissue disorders.

  • June 16, 2025

    4th Circuit Rules 2-1 For LTD Claimant, Avoids Deciding Review Standard Question

    RICHMOND, Va. — In an unpublished opinion that drew a one-paragraph dissent, the Fourth Circuit U.S. Court of Appeals on June 13 upheld summary judgment for a long-term disability (LTD) claimant, saying in part that it didn’t need to decide whether the lower court’s use of de novo review was improper because the insurer’s termination of benefits “does not withstand scrutiny even under the less-rigorous abuse of discretion standard.”

  • June 16, 2025

    Putative Class Lawsuit Challenges Revision To American Airlines LTD Plan

    FORT WORTH, Texas — In a putative class complaint filed in Texas federal court, a disabled pilot sued American Airlines Inc. (AA) and related defendants under the theory that a May 2024 revision of its long-term disability (LTD) plan improperly excluded “vacation, ratification bonuses, profit sharing, one-time supplemental payment, bereavement, grievance payouts, extended sick bank, and Special Assignment” from average monthly compensation, resulting in underpayment of LTD benefits.

  • June 13, 2025

    7th Circuit Affirms Ruling Against LTD Claimant Who Has Fibromyalgia

    CHICAGO — Calling the challenged decision “detailed and diligent,” the Seventh Circuit U.S. Court of Appeals on June 12 ruled that a district court properly found that a former PricewaterhouseCoopers LLP (PwC) director failed to satisfy her burden of proving that she remained disabled from working in a sedentary occupation as a result of symptoms related to fibromyalgia.

  • June 13, 2025

    Claimant With Long COVID To Challenge LTD Benefit Denial In 9th Circuit

    SAN DIEGO — A claimant who unsuccessfully sought long-term disability (LTD) benefits due to symptoms he attributed to long COVID and cardiac issues is taking his case to the Ninth Circuit U.S. Court of Appeals after a California federal judge upheld denial of his claim on de novo review.

  • June 11, 2025

    Judge Denies Transfer Bid LTD Insurer Didn’t Make With ‘Reasonable Promptness’

    MIAMI — Noting that recently produced medical records are generally not admissible in the original jurisdiction but would be where the defendant sought transfer, a Florida federal judge denied a long-term disability (LTD) insurer’s motion, saying it “plainly did not act with reasonable promptness to request transfer.”

  • June 10, 2025

    Judge Won’t Stay Fees Bid Pending Appeal Of LTD Ruling For Claimant

    PITTSBURGH — A motion for more than $126,000 in attorney fees will proceed after a Pennsylvania magistrate judge denied an insurer’s request for a stay pending resolution of its appeal of a summary judgment ruling in favor of a physician who successfully challenged denial of her claim for long-term disability (LTD) benefits.

  • June 10, 2025

    9th Circuit Sets Argument In Oral Surgeon’s Bid To Revive Disability Benefits Case

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals has scheduled oral argument for July 7 in an appeal seeking revival of an oral surgeon’s breach of contract and bad faith suit filed after he unsuccessfully sought disability benefits on the grounds that his comorbid conditions and inability to access recommended personal protective equipment (PPE) made it necessary to close his practice early in the COVID-19 pandemic.

  • June 09, 2025

    Split U.S. Supreme Court Resumes DOGE Access To SSA Records

    WASHINGTON, D.C. — A U.S. Supreme Court majority on June 6 concluded that the Social Security Administration (SSA) must again provide access to agency records to a Department of Government Efficiency (DOGE) SSA team, staying a preliminary injunction issued in April by a federal judge in Maryland.

  • June 06, 2025

    Claimant Who Sought LTD Benefits After Termination Wins Reversal

    RIVERSIDE, Calif. — In minute findings of fact and conclusions of law reversing denial of long-term disability (LTD) benefits for a claimant who has a genetic musculoskeletal disorder, received a kidney transplant and asserted that he “pushed himself to work far beyond his ability to effectively do so,” a California federal judge ruled in part that “[a] plaintiff could be disabled under the Plan without experiencing a loss of earnings and while still working continuously.”

  • June 05, 2025

    Judge Issues Mixed Ruling In LTD Row Involving Wrong Occupation Standard

    MINNEAPOLIS — Issuing a mixed ruling in a long-term disability (LTD) benefits dispute filed by a former box-stacker who was incarcerated for part of the period at issue, a Minnesota federal judge ruled that the claimant is due eight months of benefits because the insurer should have used an “own occupation” standard rather than the “any occupation” one but that the any-occupation standard applies from then on and he is not entitled to benefits under it.

  • May 23, 2025

    U.S. Supreme Court Briefs Debate Injunction Stay Request In SSA Records Case

    WASHINGTON, D.C. — Discretionary review by the U.S. Supreme Court of an injunction in a case over Department of Government Efficiency (DOGE) access to Social Security Administration (SSA) data is not necessary as the application by the SSA and other federal government agencies and officials fails to “present a question meriting” high court review, a union and two groups argue in their opposition; however, the federal government parties write in their reply that the groups lack standing and their claims will fail on the merits.

  • May 22, 2025

    Judge Dismisses STD Benefits Case As Moot But Lets Claimant Seek Fees

    CINCINNATI — Defendants that voluntarily reversed the challenged termination of short-term disability (STD) benefits after they were sued and paid up could still be liable for attorney fees under a brief May 21 dismissal ruling in which an Ohio federal judge fully adopted a report and recommendation, noting that the time for objections had expired without any being filed.

  • May 20, 2025

    Fighting Fees, NFL Plan Urges 5th Circuit To Say Disability Claimant Had No Success

    NEW ORLEANS — In its appellant brief urging the Fifth Circuit U.S. Court of Appeals to reverse an award of more than $1.25 million in attorney fees and costs, the Bert Bell/Pete Rozelle NFL Player Retirement Plan called the award “an unprecedented expansion of the availability of attorney’s fees to ERISA litigants who do not succeed on any legal claim and obtain no judicial relief.”