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.
An Update on COVID-19’s Impact on Department of Labor Regulations and Long Term Disability Claims
Special Rules on What Evidence the ERISA Record Should Contain in the Sixth Circuit
Amara After Ten Years – Part 2: Exploring the “Host” of Equitable Remedies Available Under ERISA for Plan Participants and Beneficiaries in the Sixth Circuit
Who Has the Burden of Proof When Applying an Exclusion or Limitation in a Long Term Disability Insurance Policy?
Amara After Ten Years – Part 1: Exploring the “Host” of Equitable Remedies Available Under ERISA for Plan Participants and Beneficiaries in the Sixth Circuit
The DOL’s Strict Compliance Provision and How it can help you level the playing field
The Department of Labor’s Updated COVID-19 Regulations Clarify ERISA Deadline Extensions
May the True Client Win: The Fiduciary Exception to Client-Attorney Privilege
Unum Never Stopped Targeting Your Disability Claim
Fighting for Protective Orders that Allow for Information to be Used in Other Cases
Contra Proferentem’s Applicability to ERISA Insurance
Overpayments in LTD Cases Caused by the Receipt of Social Security Benefits—What Makes a Good Case Worth Fighting Over?
What Should Be Included in the ERISA Record?
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?
ERISA Preemption and State Bans on Discretionary Clauses: An Introduction
Sixth Circuit Offers Tennessee Plaintiffs Greater Remedies Against Insurance Companies
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
ERISA Regulations – the Old, the New, and the New New: Part I
ERISA Regulations – the Old, the New, and the New New: Part II
How Courts Apply the Mental and Nervous Limitation in ERISA Cases Where the Claimant Has Both Physical and Mental Impairments
An Owner Can Escape ERISA
Insurance Companies Must Consider the Combination of the Claimant’s Impairments in a Disability Benefits Case
NFL and Disability: When Life after Football is Painful
Amara – What Have the Courts Done?
ERISA and the Supreme Court After 40 Years: Statute of Limitations, Plan Documents, and Attorneys’ Fees Under ERISA
ERISA and the Supreme Court After 40 Years: Claim Rules and Standard of Review
ERISA and the Supreme Court After 40 Years: ERISA Remedies
ERISA and the Supreme Court After 40 Years: ERISA Preemption Cases
When Plan Administrators Hide the Ball: A Case Study in ERISA Plan Document Penalties
In Montanile, the ERISA Subrogation Pendulum Swings Back in Favor of a Plan Participant
Venue and Forum Issues in ERISA Benefits Litigation
The Unintended Impact of Inartfully Drafted Assessment Forms
ERISA Standard of Review: States are Banning Discretionary Clauses in Insurance Policies
ERISA § 502(a)(1)(B) and § 502(a)(3) Claims in the Same Case
Social Security’s Proposed Rules Regarding Submission of Evidence
Be a Hero to your Injured Client: Help your Injured Client Obtain all the Benefits Available
Which Plan Applies?
Vanderklok: An Important Exception to the Closed ERISA Record in the 6th Circuit
ERISA Litigation and Judicial Notice: Do the Federal Rules of Evidence Apply?
U.S. Airways, Inc. v. McCutchen: The Latest News from the Supreme Court on ERISA Subrogation and Repayment
Medical Change: The Relevance of Improvement or Worsening to a Disability Determination
The Anatomy of an ERISA Long Term Disability Policy: How to Read it & Understand it
Using a Global Assessment of Functioning Score in a Disability Benefits Case
A Pleasant Surprise: Stumbling Across a Line of Plaintiff Friendly ERISA Case Law
What Rules Apply When an Insurance Company Denies ERISA Benefits: Don’t Forget the Savings Clause!
McCutchen: Bittersweet Relief for Injured Clients
What is Supposed to be in an ERISA Denial Letter? What Can I do with this Information?
Is “Issue Exhaustion” Required in ERISA Claims?
Update: Obtaining Discovery in ERISA Cases Under the 6th Circuit Jurisdiction
Odds and Ends: Putting Bad Policy Terms and Law to Good Use
The Social Security Administration Issues a New Rule that Precludes Filing a New Application While an Old Application is Pending
How Disabled is Disabled?
Update on ERISA Attorneys’ Fee Rules
Additional Thoughts on Protective Orders in ERISA Cases
Some Thoughts on Protective Orders in ERISA Cases
Understanding Work Obstacles for Social Security Recipients: The Trial Work Period, the Reentitlement Period, and the Expedited Reinstatement Period
Subjective Symptom Limitations in Long Term Disability Insurance Policies
Who are the Proper Defendants in an ERISA Benefits Action?
ERISA Remedies Post Amara
A Problem for ERISA Practitioners who are also Social Security Disability Representatives: The Requirement to Submit Adverse Evidence to the Social Security Administration
Pre-Existing Condition Exclusion in ERSIA Long Term Disability Cases
Obtaining Information From the ERISA Plan or Insurance Company: Tools to Help Attorneys Dodge the Landmines in ERSIA Benefit Cases
A Brief Exploration of the Relationship Between Social Security Disability, Medicare & Cobra
Managing the Impact of Surveillance Footage
ERISA: A Primer to the Basic Structure and Terminology of ERISA Plans
Update to ERISA § 502 (c) Actions: Penalties for the Failure to Provide Plan Documents
Awards of Attorney’s Fees Under ERISA
Disability Under an any Occupation Standard
The Concept of Reliability and its Relationship to a Coherent Theory of Disability
Social Security Decision as Probative of Disability in ERISA LTD Cases
ERISA Statute of Limitations
Understanding COBRA Health Insurance Continuation Benefits
ERISA Healthcare Claims
Managing the Impact of Adverse Functional Capacity Evaluations
Pitfalls for the Unwary: How to Ruin an ERISA Long Term Disability Insurance Case
ERISA § 502 (c) Actions: Penalties for the Failure to Provide Plan Documents Part 2
ERISA § 502(c) actions: Penalties for the Failure to Provide Plan Documents Part 1
ERISA Collateral Disability Benefits at Work: What the Heck are They?
Introduction to Long Term Disability and other ERISA Welfare Benefits Claims