Good morning, ERISA Watchers!  There were several interesting decisions this past week including those involving discovery in disability cases subject to de novo review, rescission of medical benefits for undocumented immigrants, and an equitable surcharge remedy awarded against a breaching fiduciary in the life insurance context.  For this week’s notable decision, I want to highlight the unpublished Second Circuit decision in Arkun v. Unum Group, No. 17-3354, __F.App’x__, 2019 WL 1579589 (2d Cir. Apr. 12, 2019), a matter involving a late-filed lawsuit for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.  This is a good reminder for all of us to review and calendar the limitations periods in our cases.  

Plaintiff-Appellant Arkun, a former tax attorney appearing pro se, appealed the district court’s grant of summary judgment to Unum Group upon finding the action is time barred under the group disability insurance policy’s (the “Policy”) applicable statute of limitations. Continue Reading Second Circuit Holds Attorney’s Lawsuit for Disability Benefits Time-Barred under Policy’s Limitations Period

Happy Saturday, ERISA Watchers!  This was another busy week for ERISA decisions that I decided to get this out ahead of schedule again.  It’ll be back on the Monday schedule starting on April 15, everyone’s favorite day.  It was hard to choose just one notable decision since there were several appellate decisions this past week.  I decided to go with my favorite one involving a win for the disability claimant.  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 plaintiff’s job. Continue Reading Tenth Circuit Holds that Cryotherapy Technician Is a “Sales” Employee under Group Long-Term Disability Policy

Good morning, ERISA Watchers!  There was an unprecedented number of ERISA decisions decided this past week.  Curious, I did some research and realized that March 31st is a semiannual deadline under The Civil Justice Reform Act of 1990, which requires the Director of the Administrative Office of the United States Courts, under 28 U.S.C. § 476, to prepare a semiannual report showing all motions pending more than six months and all civil cases pending more than three years. Coincidence?  I think not.  The next reporting deadline is September 30th.  That seems like a good week for me to be on vacation! Continue Reading First Post-Ariana M. de novo Trial of Disability Claim Denial Results In Win for Claimant Against The Hartford