U.S. District Court for Eastern District of Louisiana Ruling Shows Importance of Filing for Long-Term Disability at the Same Time You Are Appealing a Short-Term Disability Denial

In a recent case, Civil Action No. 19-1939, a ruling by Judge Feldman of the United States District Court for the Eastern District of Louisiana in New Orleans showed the importance of filing for long-term disability while appealing a short-term disability denial. In this case, the plaintiff filed for short-term disability with the defendant, was denied, and filed suit; however, …

Supreme Court Hears Oral Argument On Availability of Punitive Damages Under General Maritime Law – Big Potential Impact on Injured Louisiana Maritime Workers

On March 25, 2019, the U.S. Supreme Court heard arguments in the case of The Dutra Group v. Batterton. The main question of the case is whether a Jones Act seaman can recover punitive damages in a personal injury suit based on the unseaworthiness of the vessel that he worked on. The New Orleans-based U.S. Court of Appeals for the …

The Importance of Requesting Short-Term Disability (STD) and Long-Term Disability (LTD) Claim Files in Writing Before Appealing an Adverse Determination

Pursuant to Section 104(b) of ERISA and 29 C.F.R. §2560.503-1(h)(2)(iii), a long-term and/or short-term disability insurance company whose policy is governed by ERISA must provide the complete administrative claim file free of charge upon written request. This is important because it gives insight into the reasons the insurance company used to deny the claim and/or terminate disability payments. When a …

New ERISA Regulations Affecting Long-Term Disability (LTD) Claims

From time to time, the Department of Labor promulgates regulations under ERISA (The Employee Retirement Income Security Act of 1974) that affect the review of long-term and short-term disability claims. One such regulation recently went into effect. It allows claimants in disability insurance appeals to reply to evidence as the insurance company obtains it. This allows claimants and their attorneys …

Social Media and Your Disability, Personal Injury, or Worker’s Compensation Case

If you are involved in a claim for long-term disability benefits, personal injury, or worker’s compensation, or even thinking about filing for such a claim, you should be very careful about what you, your friends, and your family post about you on social media. This is especially important in any case involving an insurance company, such as a worker’s compensation …