Disability plan can’t offset VA benefits 
Published: October 12, 2011
Tags: disability benefits, ERISA, Veterans' Benefits Act
An employee benefit plan could not offset an insured’s veterans’ benefits against his long term disability award, the 8th Circuit has ruled in reversing judgment.
Soldier’s disability pay isn’t marital property
Published: October 4, 2011
Tags: disability benefits, divorce, property division, Uniformed Services Former Spouses’ Protection Act
Marital property in a divorce did not include temporary retirement pay attributable to a soldier’s disability, the Colorado Court of Appeals has ruled in reversing judgment.
ERISA plan can’t enforce ‘self-reporting’ limitation
Published: September 22, 2011
Tags: disability benefits, ERISA, fibromyalgia
An ERISA plan could not enforce a provision that limited long term disability benefits to a claimant with fibromyalgia who “self-reported” her symptoms, the 7th Circuit has ruled in reversing judgment.
Veterans’ benefits kept from garnishment calculation
Published: August 26, 2011
Tags: alimony, disability benefits, divorce, Federal Consumer Credit Protection Act, garnishment, Social Security
Veterans’ disability benefits should not have been included in determining the amount that could be garnished from the income of a man who was delinquent in his alimony payments, the Vermont Supreme Court has ruled in reversing judgment.
Social Security doesn’t reduce child support arrearage
Published: July 12, 2011
Tags: child support, disability benefits, Social Security
Social Security disability payments to dependent children cannot be used to reduce a support obligation owed before the father became disabled, the Wyoming Supreme Court has ruled in affirming judgment.
ERISA plan wrongfully defined ‘earnings’
Published: April 26, 2011
Tags: disability benefits, ERISA
An ERISA plan wrongfully defined “earnings” when it denied the plaintiff’s long-term disability claim, the 1st Circuit has ruled in reversing summary judgment for the plan.
‘Working’ plaintiff may get ERISA disability benefits
Published: April 19, 2011
Tags: disability benefits, ERISA
An ERISA plaintiff was not barred from receiving disability benefits on the basis that she was present at work during a period in which she later claimed she was disabled, the 2nd Circuit has ruled in reversing a summary judgment.
ERISA plan must cover chronic fatigue syndrome
By:
Pat Murphy
Published: March 9, 2011
Tags: chronic fatigue syndrome, disability benefits, ERISA
An ERISA plan wrongfully denied long term disability benefits to an employee diagnosed with chronic fatigue syndrome, the 9th Circuit has ruled in reversing judgment.
Jury awards $4 million in disability insurance case
By:
Tony Ogden
Published: February 9, 2011
Tags: California, disability benefits, disability insurance
A Los Angeles Superior Court jury has awarded $4.2 million in damages to a disability insurance policyholder who said her insurance company had unreasonably terminated her benefits.
Disability retirement benefits taxable
By:
Pat Murphy
Published: January 12, 2011
Tags: disability benefits, taxation
A federal taxpayer’s income included disability retirement benefits received from a union pension plan, the U.S. Tax Court has ruled in upholding a $5,900 deficiency assessment.
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