Alameda, January 10, 2023 (GLOBE NEWSWIRE) — Alameda, CA —
McKennon Law Group PC Announces Success in Two New Federal Court Disability Insurance Lawsuits, Claiming Disability Cases Arise from Disability Insurance Claims Dismissed Where Governed by ERISA, the Employee Retirement Income Security Act Share new information about certification. 1974.
McKennon Law Group PC’s recent wins in two precedent lawsuits have made it possible for individuals with disabilities to prove that they are eligible for group long-term disability insurance benefits when the benefits are denied by an ERISA-controlled insurer. A new method has been established.
McGuire vs Lina
When courts review denials of benefits in ERISA, they generally do so on the basis of “de novo” criteria, but in McGuire v. Life Insurance Company of North America (LINA), the courts used criteria. used. This is unusual for California ERISA cases.
The court clarified what constitutes an abuse of insurer discretion when the insurer dismisses a disability claim, ruled in favor of McKennon Law Group PC’s client, and LINA found that the plaintiff’s claim Abuse of discretionary standards is becoming more prevalent nationwide, and it is important to know how to win these cases with this standard of review. McGuire’s lawsuit provides an excellent roadmap for ERISA disability claimants to win lawsuits against insurers that improperly denied disability or life insurance claims.
A detailed blog post about this case can be found at https://mslawllp.com/blog/2022/12/mcguire-v-lina-erisa-case/.
Logan vs Prudential
In Logan v. Prudential Insurance Company of America, a claim for long-term insurance disability benefits was denied by Prudential even though the Social Security Administration determined that the petitioner was eligible for Social Security Disability Insurance (SSDI) payments. I was.
Normally, when a federal judge hears an ERISA case, no new evidence may be introduced, and the administrative record of the case is the only evidence considered. The complainant in this case was awarded SSDI benefits after the administrative record of the case was compiled.
The judge denied plaintiffs’ motion for inclusion of the SSDI ruling in the administrative record of the case, but the fact that the SSDI ruling was issued was considered by the judge to be evidence in support of the disability claim. rice field.
Following McGuire and Logan’s precedent, disability policyholders’ lawsuits against ERISA-controlled insurers were more likely to deny disability insurance claims.
See https://mslawllp.com/blog/2022/12/ssdi-award-letter-helps-client-win-erisa-case/ for a detailed blog post on this case.
Records of these cases can be found at:
https://mslawllp.com/wp-content/uploads/2022/12/221109-Order_33.pdf
https://mslawllp.com/wp-content/uploads/2022/12/220921-Memorandum-of-Decision_38-1.pdf
Contact details:
https://lawyers.justia.com/lawyer/robert-john-mckennon-1487258
Facebook:
https://www.facebook.com/McKennonLawGroup/
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For more information about McKennon Law Group PC, please contact us here.
McKennon Law Group PC
McKennon Law Group PC
(949) 387-9595
rm@mckennonlawgroup.com
20321 Southwest Birch Street #200
Newport Beach, CA 92660
