Magistrate Judge of U.S. District Court for the Western District of Louisiana Refuses to Remand Accidental Death Claim at Insurer’s Request

Accidental Death & Dismemberment (AD&D) insurance is an important planning tool families use to protect against the consequences of the accidental death of a loved one. In addition, these policies often cover loss of a limb, hearing, or vision due to accident, losses which can seriously affect earning capacity. These policies can be sold by themselves or as a rider …

Louisiana Long-Term Disability Lawyer

Long-term disability insurance is often offered as part of an employee benefit package. Some people purchase long-term disability coverage directly from insurance companies or through an insurance broker. Long-term disability policies sponsored by a private employer are governed by a federal law called the Employee Retirment Income Security Act (“ERISA”). If a policy issued in Louisiana is purchased by an …

US Court of Appeal for the Eleventh Circuit Finds Unum Abused Discretion By Discounting a Beneficiary’s Cognitive Deficits from Medication in an ERISA Long-Term Disability Case

The U.S. Court of Appeal for the Eleventh Circuit recently reversed the decision of a federal district court affirming Unum Life Insurance Company of America’s (“Unum”) decision to terminate a former pharmacist’s long-term disability benefits. The plaintiff beneficiary in the case was employed as a pharmacist from 1996 until 2016, when she suffered an accident at work that injured her …

Federal Judge in Baton Rouge, Louisiana Rules for ERISA-Governed Union Pension Fund in Claim Against Individual Who Accepted Payments Not Owed to Her

In a recent decision dated May 25, 2022, Judge Brian A. Jackson of the U.S. District Court for the Middle District of Louisiana entered a default judgment in favor of Plaintiff Baton Rouge Sheet Metal Workers’ Union #21 Pension Fund in a suit against a woman who accepted pension funds not owed to her. Judge Jackson is an appointee of …

Where Can I Find a Louisiana Long-Term Disability Lawyer Near Me?

Whether you live in New Orleans, Baton Rouge, Houma, Thibodaux, or the communities of Mandeville, Covington, or Abita Spring north of Lake Ponchartrain,  The Pellegrin Firm, LLC, located in Metairie, Louisiana, is convenient to you. The Pellegrin Firm is located at 3500 North Hullen Street, Suite 17D, Metairie, Louisiana, but can handle cases long-term disability cases all over the state …

How Should I Appeal a Long-Term Disability Denial?

It is extremely frustrating and stress-inducing to receive a letter in the mail terminating or denying long-term disability benefits. People with long-term disability insurance, either through an employer-provided policy or a privately purchased policy, rely on funds being available if they are hurt and cannot work. The important thing to know is that insurance companies do sometimes change their minds …

Federal Judge in Western District of Louisiana Finds Claimant Disabled Due to Anxiety, Orders Insurer to Pay Benefits

In a recent case, Trahan v. United of Omaha Life Insurance Co., No. 2:21-CV-02281, 2022 WL 710436 (W.D. La. Mar. 9, 2022), the plaintiff alleged that he was disabled due to high blood pressure and anxiety. He filed a claim with his employer’s disability insurer only to have the claim denied. The plaintiff alleged that his high blood pressure and …

What Should I Do If a Life Insurance Claim Is Denied on the Basis of Misrepresentation in Louisiana?

When a proposed insured applies for larger life insurance policies, it is common for an insurance company to require answers to a series of health questions. Usually, insurers will not request medical records to confirm the accuracy of the answers to the questions before issuing the policy and accepting premiums. However, if an insured dies within two years of the …

Judge Oldham Writes Concurring Decision Questioning the Fifth Circuit’s Deferential Standard of Review for ERISA Cases

Published by The Pellegrin Firm November 1, 2021

Judge Oldham argues that the Fifth Circuit has strayed from the Supreme Court’s instructions, and that law, logic, and history cannot square the legislative purposes of ERISA with the Fifth Circuit’s deferential review of benefit determinations (at least those in which the plan gives discretionary authority to the claim administrator).

Federal Court in Kentucky Awards Woman Disability Benefits Due to Parkinson’s, Chronic Pain, and Cervical Disk Degeneration

Published by The Pellegrin Firm May 18, 2021

In a recent decision, a federal district court in Kentucky found that United of Omaha erred in denying short-term disability (“STD”) and long-term disability (“LTD”) benefits to a worker disabled by Parkinson’s disease, chronic pain, and disk degeneration.