Happy Mother’s Day!  This is the one day a year where I can say “But it’s Mother’s Day!” to get my kids to comply without (much) protest.  They also did give me a few hours of peace and quiet today so I could wrap up today’s notable decision.  This week I want to highlight a district court decision, Khan v. Provident Life & Accident Ins. Co., 2019 WL 1970516 (W.D.N.Y. May 3, 2019), that contains a treasure trove of findings for those of us who represent claimants in long-term disability claims.  

The court’s decision comes from its review of the Magistrate Judge’s Report and Recommendation (R&R) denying the parties’ cross-motions for judgment and recommending a plenary bench trial before the district court.  The court rejected and accepted in part the R&R and granted Plaintiff’s Motion for Summary Judgment.  On de novo review of Provident’s decision, the court found that Plaintiff Khan, who became disabled from his career as a hospital neurologist at the age of 49 due to relapsing polychondritis and polyarthralgias, was entitled to Own Occupation and Any Occupation benefits, denying Provident the opportunity on a remand to consider the Any Occupation claim in the first instance.  
Continue Reading Court Denies Insurance Company Chance to Decide “Any Occupation” Disability Claim for Disabled Neurologist; Orders Payment of Benefits