Lawyers USA Online » disability benefits http://lawyersusaonline.com Your Business Partner Fri, 24 May 2013 20:05:18 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 ERISA plan could sue to recover overpaid benefits  http://lawyersusaonline.com/blog/2013/03/18/erisa-plan-could-sue-to-recover-overpaid-benefits/ http://lawyersusaonline.com/blog/2013/03/18/erisa-plan-could-sue-to-recover-overpaid-benefits/#comments Mon, 18 Mar 2013 17:14:29 +0000 Pat Murphy http://lawyersusaonline.com/?p=91934 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.

The plaintiff began receiving short-term disability benefits from Aetna after sustaining injuries in a car accident. Aetna subsequently denied
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]]> http://lawyersusaonline.com/blog/2013/03/18/erisa-plan-could-sue-to-recover-overpaid-benefits/feed/ 0 ADA may require state to bend existing law  http://lawyersusaonline.com/blog/2013/02/08/ada-may-require-state-to-bend-existing-law/ http://lawyersusaonline.com/blog/2013/02/08/ada-may-require-state-to-bend-existing-law/#comments Fri, 08 Feb 2013 18:08:25 +0000 Pat Murphy http://lawyersusaonline.com/?p=91216 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.

The plaintiff suffers from chronic mental illness. After losing her job at
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]]> http://lawyersusaonline.com/blog/2013/02/08/ada-may-require-state-to-bend-existing-law/feed/ 0 Attorney lien had priority over Medicaid claim  http://lawyersusaonline.com/blog/2013/01/24/attorney-lien-had-priority-over-medicaid-claim/ http://lawyersusaonline.com/blog/2013/01/24/attorney-lien-had-priority-over-medicaid-claim/#comments Thu, 24 Jan 2013 17:20:54 +0000 Pat Murphy http://lawyersusaonline.com/?p=90886 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.

The lawyer represented a client who filed a claim for workers’ compensation. The lawyer obtained an award of
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]]> http://lawyersusaonline.com/blog/2013/01/24/attorney-lien-had-priority-over-medicaid-claim/feed/ 0 Disability insurance covers addict’s risk of relapse  http://lawyersusaonline.com/blog/2013/01/23/disability-insurance-covers-addicts-risk-of-relapse/ http://lawyersusaonline.com/blog/2013/01/23/disability-insurance-covers-addicts-risk-of-relapse/#comments Wed, 23 Jan 2013 18:34:18 +0000 Pat Murphy http://lawyersusaonline.com/?p=90872 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.

The plaintiff is a former anesthesiologist whose license to practice medicine was revoked due to an addiction to opioids. Her practice was covered by
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]]> http://lawyersusaonline.com/blog/2013/01/23/disability-insurance-covers-addicts-risk-of-relapse/feed/ 0 Illegal alien can get comp for permanent earnings loss  http://lawyersusaonline.com/blog/2013/01/09/illegal-alien-can-get-comp-for-permanent-earnings-loss/ http://lawyersusaonline.com/blog/2013/01/09/illegal-alien-can-get-comp-for-permanent-earnings-loss/#comments Wed, 09 Jan 2013 18:00:02 +0000 Pat Murphy http://lawyersusaonline.com/?p=90425 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.

The plaintiff is an illegal immigrant from Mexico who cannot speak
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]]> http://lawyersusaonline.com/blog/2013/01/09/illegal-alien-can-get-comp-for-permanent-earnings-loss/feed/ 0 Labor law doesn’t preempt ADA claim  http://lawyersusaonline.com/blog/2012/12/14/labor-law-doesnt-preempt-ada-claim/ http://lawyersusaonline.com/blog/2012/12/14/labor-law-doesnt-preempt-ada-claim/#comments Fri, 14 Dec 2012 17:07:12 +0000 Pat Murphy http://lawyersusaonline.com/?p=89937 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.

The plaintiff suffered a back injury working as a UPS driver. After UPS terminated her temporary total disability benefits, the
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]]> http://lawyersusaonline.com/blog/2012/12/14/labor-law-doesnt-preempt-ada-claim/feed/ 0 ERISA plan can use IRA rollover to reduce benefits  http://lawyersusaonline.com/blog/2012/07/06/erisa-plan-can-use-ira-rollover-to-reduce-benefits/ http://lawyersusaonline.com/blog/2012/07/06/erisa-plan-can-use-ira-rollover-to-reduce-benefits/#comments Fri, 06 Jul 2012 15:22:02 +0000 Pat Murphy http://lawyersusaonline.com/?p=85827 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.

The plaintiff received LTD benefits under an AT&T employee benefit plan. Upon separation from AT&T, the plaintiff
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]]> http://lawyersusaonline.com/blog/2012/07/06/erisa-plan-can-use-ira-rollover-to-reduce-benefits/feed/ 0 ERISA plan could offset other disability payments  http://lawyersusaonline.com/blog/2012/05/21/erisa-plan-could-offset-other-disability-payments/ http://lawyersusaonline.com/blog/2012/05/21/erisa-plan-could-offset-other-disability-payments/#comments Mon, 21 May 2012 16:48:56 +0000 Pat Murphy http://lawyersusaonline.com/?p=84444 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.

The plaintiff is a dentist who had long-term disability coverage under two policies. In addition to a
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]]> http://lawyersusaonline.com/blog/2012/05/21/erisa-plan-could-offset-other-disability-payments/feed/ 0 Termination for disability fraud didn’t violate FMLA  http://lawyersusaonline.com/blog/2012/05/10/termination-for-disability-fraud-didnt-violate-fmla/ http://lawyersusaonline.com/blog/2012/05/10/termination-for-disability-fraud-didnt-violate-fmla/#comments Thu, 10 May 2012 14:51:18 +0000 Pat Murphy http://lawyersusaonline.com/?p=84226 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.

The plaintiff worked for the defendant as a telephone technician. He was diagnosed with a herniated disc in
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]]> http://lawyersusaonline.com/blog/2012/05/10/termination-for-disability-fraud-didnt-violate-fmla/feed/ 0 Employee’s FMLA claim barred by estoppel  http://lawyersusaonline.com/blog/2012/04/02/employee%e2%80%99s-fmla-claim-barred-by-estoppel/ http://lawyersusaonline.com/blog/2012/04/02/employee%e2%80%99s-fmla-claim-barred-by-estoppel/#comments Mon, 02 Apr 2012 16:39:52 +0000 Pat Murphy http://lawyersusaonline.com/blog/2012/04/02/employee%e2%80%99s-fmla-claim-barred-by-estoppel/ 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.

The plaintiff took FMLA leave after suffering a
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