Posts By: Isaac Perez

The Anatomy of an ERISA Long Term Disability Policy:

Posted on August 16th, 2019

How to Read It and Understand It Download PDF Version In an ERISA long term disability (“LTD”) case, one of the most important parts of the case is understanding the terms of the ERISA policy or plan. Thus, a lawyer who practices in this area must have the skills to effectively read an ERISA LTD policy or plan, to identify… READ MORE

Medical Change:

Posted on August 16th, 2019

The relevance of improvement or worsening to disability determination Download PDF Version With few exceptions, our clients’ medical conditions are rarely static. And quite frequently, the medical condition existed prior to the date the client ceased working. Is it proper for an insurer to terminate benefits when there is no evidence the underlying medical condition has improved? Is it proper… READ MORE

U.S. Airways, Inc. v. McCutchen: The Latest News From the Supreme Court on ERISA Subrogation and Repayment.

Posted on August 16th, 2019

By Eric L. Buchanan Download PDF Version The Supreme Court has issued its latest decision in the ongoing saga of what rights plans have to recover health benefits previously paid to plan participants and beneficiaries. In US Airways, Inc. v. McCutchen, ___, U.S. ____, 2013 U.S. LEXIS 3156 (U.S. Apr. 16, 2013), the Court held that plan participants could not… READ MORE

ERISA Litigation and Judicial Notice: Do the Federal Rules of Evidence apply?

Posted on August 16th, 2019

Download PDF Version Litigating long term disability claims subject to ERISA can be a complex and confusing process.  One of the most frustrating aspects of ERISA litigation is that the federal courts’ review of evidence in these cases is very limited.  Courts’ application of this rule is sometimes confusing and conflicting, leaving attorneys perplexed as to how to navigate the… READ MORE

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