u.s. courts of appeals

Ninth Circuit Shoots Down Claim for Copying Charges

John Wood
July 11, 2008 01:46

Mitchell Sgro applied for disability benefits from MetLife, which decided benefit claims for his employer’s ERISA plan.  Sgro asserted that MetLife refused to evaluate­ his claim because he did not send copies of medical records.  Sgro eventually paid $412 for the copies. ...

Ninth Circuit Shoots Down Claim for Copying Charges

John Wood
July 11, 2008 01:46

Mitchell Sgro applied for disability benefits from MetLife, which decided benefit claims for his employer’s ERISA plan.  Sgro asserted that MetLife refused to evaluate­ his claim because he did not send copies of medical records.  Sgro eventually paid $412 for the copies. ...

Sixth Circuit: IME Results Doom Plaintiff's Disability Claim

John Wood
June 30, 2008 06:04

In administering disability claims, ERISA plans often require claimants to undergo examination by doctors selected by the plans.  Even when a claimant’s treating physicians concur that he or she is totally disabled, the plans commonly seek opinions from an examining physicians regarding...

Sixth Circuit: IME Results Doom Plaintiff's Disability Claim

John Wood
June 30, 2008 06:04

In administering disability claims, ERISA plans often require claimants to undergo examination by doctors selected by the plans.  Even when a claimant’s treating physicians concur that he or she is totally disabled, the plans commonly seek opinions from an examining physicians regarding...

Prudential Policy Language Insufficient to Trigger Abuse-of-Discretion Review

John Wood
June 22, 2008 23:35

In ERISA benefit litigation, the selection of the judicial standard of review is often a hotly contested issue.  Insurance carriers push for the abuse-of-discretion standard, arguing that it requires courts to give a significant degree of deference to their decisions to deny benefits. ...