Attorney Newsletters
The EBA team sends out a regular newsletter to other attorneys informing and updating them on important legal rules and information related to ERISA, disability law, disability insurance, and other related legal matters.
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September 2024
This Appeal is Taking Forever: Another Look at “Special Circumstances” Justifying Extensions
August 2024
Nuts and Bolts of Deductible Income: How to Know Whether The Insurer Is Overstepping
March 2024
This Appeal is Taking Forever: Justifying Extensions in ERISA Appeal Decisions
February 2023
How Should Courts Apply the Updated ERISA Claims Regulations to Older Cases?
August 2022
An Update on COVID-19’s Impact on Department of Labor Regulations and Long Term Disability Claims
May 2022
Special Rules on What Evidence the ERISA Record Should Contain in the Sixth Circuit
April 2022
March 2022
January 2022
December 2021
The DOL’s Strict Compliance Provision and How it can help you level the playing field
October 2021
The Department of Labor’s Updated COVID-19 Regulations Clarify ERISA Deadline Extensions
August 2021
May the True Client Win: The Fiduciary Exception to Client-Attorney Privilege
March 2021
Unum Never Stopped Targeting Your Disability Claim
January 2021
Fighting for Protective Orders that Allow for Information to be Used in Other Cases
June 2020
Contra Proferentem’s Applicability to ERISA Insurance
April 2020
What Should Be Included in the ERISA Record?
September 2019
ERISA Preemption and State Bans on Discretionary Clauses: An Introduction
April 2019
Sixth Circuit Offers Tennessee Plaintiffs Greater Remedies Against Insurance Companies
September 2018
ERISA Regulations – the Old, the New, and the New New: Part I
October 2018
ERISA Regulations – the Old, the New, and the New New: Part II
July 2017
An Owner Can Escape ERISA
April 2017
NFL and Disability: When Life after Football is Painful
March 2017
Amara – What Have the Courts Done?
November 2016
ERISA and the Supreme Court After 40 Years: Statute of Limitations, Plan Documents, and Attorneys’ Fees Under ERISA
October 2016
ERISA and the Supreme Court After 40 Years: Claim Rules and Standard of Review
August 2016
ERISA and the Supreme Court After 40 Years: ERISA Remedies
June 2016
ERISA and the Supreme Court After 40 Years: ERISA Preemption Cases
April 2016
When Plan Administrators Hide the Ball: A Case Study in ERISA Plan Document Penalties
January 2016
In Montanile, the ERISA Subrogation Pendulum Swings Back in Favor of a Plan Participant
July 2015
Venue and Forum Issues in ERISA Benefits Litigation
April 2015
The Unintended Impact of Inartfully Drafted Assessment Forms
March 2015
ERISA Standard of Review: States are Banning Discretionary Clauses in Insurance Policies
June 2014
ERISA § 502(a)(1)(B) and § 502(a)(3) Claims in the Same Case
April 2014
Social Security’s Proposed Rules Regarding Submission of Evidence
March 2014
Be a Hero to your Injured Client: Help your Injured Client Obtain all the Benefits Available
October 2013
Which Plan Applies?
August 2013
Vanderklok: An Important Exception to the Closed ERISA Record in the 6th Circuit
May 2013
ERISA Litigation and Judicial Notice: Do the Federal Rules of Evidence Apply?
March 2013
Medical Change: The Relevance of Improvement or Worsening to a Disability Determination
January 2013
The Anatomy of an ERISA Long Term Disability Policy: How to Read it & Understand it
December 2012
Using a Global Assessment of Functioning Score in a Disability Benefits Case
Fall 2012
A Pleasant Surprise: Stumbling Across a Line of Plaintiff Friendly ERISA Case Law
August 2012
What Rules Apply When an Insurance Company Denies ERISA Benefits: Don’t Forget the Savings Clause!
July 2012
McCutchen: Bittersweet Relief for Injured Clients
June 2012
What is Supposed to be in an ERISA Denial Letter? What Can I do with this Information?
May 2012
Is “Issue Exhaustion” Required in ERISA Claims?
April 2012
Update: Obtaining Discovery in ERISA Cases Under the 6th Circuit Jurisdiction
March 2012
Odds and Ends: Putting Bad Policy Terms and Law to Good Use
January 2012
How Disabled is Disabled?
December 2011
Update on ERISA Attorneys’ Fee Rules
November 2011
Additional Thoughts on Protective Orders in ERISA Cases
October 2011
Some Thoughts on Protective Orders in ERISA Cases
August 2011
Subjective Symptom Limitations in Long Term Disability Insurance Policies
July 2011
Who are the Proper Defendants in an ERISA Benefits Action?
June 2011
ERISA Remedies Post Amara
April 2011
Pre-Existing Condition Exclusion in ERSIA Long Term Disability Cases
March 2011
Subrogation Update
January 2011
ERISA Discovery
December 2010
A Brief Exploration of the Relationship Between Social Security Disability, Medicare & Cobra
November 2010
Managing the Impact of Surveillance Footage
October 2010
ERISA: A Primer to the Basic Structure and Terminology of ERISA Plans
September 2010
Update to ERISA § 502 (c) Actions: Penalties for the Failure to Provide Plan Documents
July 2010
Awards of Attorney’s Fees Under ERISA
May 2010
Disability Under an any Occupation Standard
March 2010
The Concept of Reliability and its Relationship to a Coherent Theory of Disability
February 2010
Social Security Decision as Probative of Disability in ERISA LTD Cases
January 2010
ERISA Subrogation
December 2009
ERISA Statute of Limitations
November 2009
Understanding COBRA Health Insurance Continuation Benefits
October 2009
ERISA Healthcare Claims
September 2009
Managing the Impact of Adverse Functional Capacity Evaluations
August 2009
Intentional Self-Contradiction
July 2009
Pitfalls for the Unwary: How to Ruin an ERISA Long Term Disability Insurance Case
June 2009
ERISA § 502 (c) Actions: Penalties for the Failure to Provide Plan Documents Part 2
May 2009
ERISA § 502(c) actions: Penalties for the Failure to Provide Plan Documents Part 1
April 2009
ERISA Collateral Disability Benefits at Work: What the Heck are They?
March 2009
Introduction to Long Term Disability and other ERISA Welfare Benefits Claims