Download PDF Version Using a Global Assessment of Functioning Score in a Disability Benefits Case. This newsletter often focuses on technical aspects of ERISA and Social Security disability claims, but it’s important to remember that without a good understanding of the underlying medical issues, all the technical knowledge in the world will get you nowhere. What’s really required to handle… READ MORE
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The Anatomy of an ERISA Long Term Disability Policy:
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
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.
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?
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
TTLA 55th Anniversary Reflections
The Tennesse Trial Lawyers has changed my practice, my profession, and my life. From the time Mitch Byrd first asked me to join TTLS, to the time Randy Humble asked me to run for the board and Randy Kinnard welcomed me to the board, and then for the following 16 years until I became President, I have gotten much more… READ MORE