ERISA plan could sue to recover overpaid benefits 
Published: March 18, 2013
Tags: disability benefits, ERISA, restitution
An ERISA plan could maintain an action in federal court seeking the return of overpaid disability benefits, the 2nd U.S. Circuit Court of Appeals has ruled in reversing a summary judgment.
ADA may require state to bend existing law
Published: February 8, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, disability benefits, preemption
Federal disability discrimination law may require a state agency to deviate from state law in order to accommodate a mentally ill individual’s claim for benefits, the 2nd U.S. Circuit Court of Appeals has ruled in reversing a dismissal.
Attorney lien had priority over Medicaid claim
Published: January 24, 2013
Tags: attorney’s lien, disability benefits, Medicaid, workers' compensation
An attorney lien had statutory priority over a state’s lien for Medicaid reimbursement with respect to an award of workers’ compensation benefits, the Missouri Court of Appeals has ruled in reversing judgment.
Disability insurance covers addict’s risk of relapse
Published: January 23, 2013
Tags: disability benefits, ERISA
A recovered addict’s risk of relapse constituted a “current disability” that triggered her entitlement to long-term disability benefits, the 1st Circuit has ruled in affirming judgment.
Illegal alien can get comp for permanent earnings loss
Published: January 9, 2013
Tags: disability benefits, illegal aliens, workers' compensation
An employee who is not a legal resident of the U.S. is entitled to workers’ compensation benefits for a permanent total loss of earning power resulting from a work-related injury, the Nebraska Supreme Court has ruled in affirming judgment.
Labor law doesn’t preempt ADA claim
Published: December 14, 2012
Tags: ADA, AMERICANS WITH DISABILITIES ACT, collective bargaining agreement, disability benefits, disability discrimination, Labor-Management Relations Act
Federal labor law does not preempt a disability discrimination claim filed by a UPS worker suffering from a serious back injury, the 6th Circuit has ruled in reversing a dismissal.
ERISA plan can use IRA rollover to reduce benefits
Published: July 6, 2012
Tags: disability benefits, ERISA, IRA, offset
An ERISA plan could use an insured’s rollover of pension benefits into an individual retirement account to justify the reduction of his long-term disability benefits, the 9th Circuit has ruled in affirming judgment.
ERISA plan could offset other disability payments
Published: May 21, 2012
Tags: disability benefits, ERISA, offset
An ERISA plan could reduce an insured’s monthly long-term disability benefits by the amount of disability payments that he received from a separate insurance policy, the 3rd Circuit has ruled in affirming judgment.
Termination for disability fraud didn’t violate FMLA
Published: May 10, 2012
Tags: disability benefits, Family and Medical Leave Act, FMLA, fraud, retaliation
An employer didn’t violate federal medical leave law when it fired an employee after concluding that he was fraudulently receiving disability benefits, the 6th Circuit has ruled in affirming a summary judgment.
Employee’s FMLA claim barred by estoppel
Published: April 2, 2012
Tags: disability benefits, estoppel, Family and Medical Leave Act
An employee who suffered a stroke was judicially estopped from claiming that he was able to return to work for purposes of pursuing a lawsuit under the Family and Medical Leave Act, the 3rd Circuit has ruled in affirming a summary judgment.
