Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases
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    6/20/2008
    James R. Carroll, Jr., Esquire
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    U.S. Supreme Court deals with ERISA disability determinations

    From The New York Times:

    The Supreme Court issued its 6-to-3 ruling in favor of Wanda Glenn, an Ohio woman who worked for 14 years as a supervisor in the women’s department of a Sears store. She suffered from heart disease and took a leave of absence in 2000, providing extensive documentation from her doctor that she could not return to work.

    Sears offered employees long-term disability insurance as a benefit, but the plan administrator, MetLife, said Ms. Glenn did not qualify. She sued, and the trial court rejected her complaint because she had not shown that MetLife behaved arbitrarily.

    But the Appellate Court for the Sixth Circuit found in Ms. Glenn’s favor, saying that MetLife had acted under a conflict of interests. The Supreme Court’s affirmed that ruling, and Ms. Glenn will receive her benefits.

    Until now, employees who felt wrongly deprived of benefits could expect little help in court unless they could show that their plan administrators had behaved in an arbitrary, capricious or unprincipled way.

    Justice Stephen G. Breyer, writing for the majority, eased that requirement, but stopped well short of setting out specific new rules for when and how employees could challenge adverse benefits decisions.

     

    ***We handle long term disabiity denials here at Carroll & Carroll, P.C.  If you receive a denial from a disability insruance company, the first thing you should do is call a lawyer experienced in appealing these denials.  Also, a good book to get is "Robbery Without a Gun" from attorney Ben Glass.  You can get the book here.
    Labels: disability erisa long term disability


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