Ninth Circuit Confirms Attorneys’ Fee Awards to Successful ERISA Claimants Are Virtually Automatic

ERISA is a remedial law designed to make sure that employees receive the full benefits they earn under their employer's benefit plans. Part of ERISA requires employee benefit plans that wrongfully withhold benefits and force employees to sue to recover those benefits to pay the employee's attorney's fees. Otherwise, the employee will not have received the full …

Continue reading Ninth Circuit Confirms Attorneys’ Fee Awards to Successful ERISA Claimants Are Virtually Automatic

ERISA Claim Deadlines Extended Due to COVID-19

ERISA-governed insurance claims are subject to specific deadlines that claimants have to meet in order to protect their rights. Normally, the consequences of missing a deadline are draconian. For instance, appealing an ERISA claim denial even one day late can irrevocably waive the right to dispute the denial, no matter the reason for the delay. …

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ERISA Insurer’s Hiding Doctor’s Opinions Results in Appellate Win for Claimant

On December 11, 2019, the Ninth Circuit Court of Appeals (the federal appeals court with jurisdiction over Washington and other coastal and western states) decided Wagenstein v. Cigna Life Insurance Company. The decision is unpublished, meaning it is not binding on lower courts but may still be used as persuasive authority. Lea Wagenstein sued to challenge …

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Court Rejects ERISA Insurer’s Effort to Discredit Treating Physicians in Awarding Disability Benefits

A recent decision from federal court in Oregon is an interesting example of how ERISA disability benefit disputes can arise where the claimant suffers from complex and hard-to-diagnose conditions such as fibromyalgia. Since conditions like fibromyalgia defy easy identification, these cases often turn on the claimant's treating doctor's documentation of the claimant's symptoms. Jane Medefesser …

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