Attorney Newsletters

Eric Buchanan and his team send 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.


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

Amara After Ten Years – Part 2: Exploring the “Host” of Equitable Remedies Available Under ERISA for Plan Participants and Beneficiaries in the Sixth Circuit

March 2022

Who Has the Burden of Proof When Applying an Exclusion or Limitation in a Long Term Disability Insurance Policy?

January 2022

Amara After Ten Years – Part 1: Exploring the “Host” of Equitable Remedies Available Under ERISA for Plan Participants and Beneficiaries in the Sixth Circuit

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

May 2020
Overpayments in LTD Cases Caused by the Receipt of Social Security Benefits—What Makes a Good Case Worth Fighting Over?

April 2020
What Should Be Included in the ERISA Record?

February 2020
Exposing the Truth as a Way to Make ERISA Cases Less Unfair: When Do Courts in the Sixth Circuit Allow Discovery in ERISA Cases, and What Discovery is Allowed?

September 2019
ERISA Preemption and State Bans on Discretionary Clauses: An Introduction

April 2019
Sixth Circuit Offers Tennessee Plaintiffs Greater Remedies Against Insurance Companies

March 2019
Plaintiffs Who Bring a Good Faith Claim for ERISA Benefits Should Not Have to Fear a  Threat of Having to Pay Attorneys’ Fees if They Lose

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

April 2018
How Courts Apply the Mental and Nervous Limitation in ERISA Cases Where the Claimant Has Both Physical and Mental Impairments

July 2017
An Owner Can Escape ERISA

June 2017
Insurance Companies Must Consider the Combination of the Claimant’s Impairments in a Disability Benefits Case

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?

April 2013
U.S. Airways, Inc. v. McCutchen: The Latest News from the Supreme Court on ERISA Subrogation and Repayment

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

February 2012
The Social Security Administration Issues a New Rule that Precludes Filing a New Application While an Old Application is Pending

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

September 2011
Understanding Work Obstacles for Social Security Recipients: The Trial Work Period, the Reentitlement Period, and the Expedited Reinstatement Period

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

May 2011
A Problem for ERISA Practitioners who are also Social Security Disability Representatives: The Requirement to Submit Adverse Evidence to the Social Security Administration

April 2011
Pre-Existing Condition Exclusion in ERSIA Long Term Disability Cases

March 2011
Subrogation Update

February 2011
Obtaining Information From the ERISA Plan or Insurance Company: Tools to Help Attorneys Dodge the Landmines in ERSIA Benefit Cases

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

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