Disability Benefits

Foundation Publication Search Results

These summaries were compiled from Foundation Publications Search, a database of articles, research reports and books published by the International Foundation and the International Society of Certified Employee Benefit Specialists.


Other Recent Decisions.
Goodman, Lindsay M.; Benefits Magazine; v54 n11 pp 75-76 Nov 2017; journal article

Availability :
Abstract : Summarizes cases on stock plans, disability benefits and benefit litigation.
[0200767]

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Pension Plan Ambiguity Benefits Beneficiary.
Benefits Magazine; v54 no11 p 62 Nov 2017; journal article

Availability :
Abstract : The U.S. Court of Appeals for the Fifth Circuit affirms a district court judgment that the plaintiff beneficiary was entitled to summary judgment on his Employee Retirement Income Security Act of 1974 (ERISA) Section 502 claim over a dispute with the defendant claims administrator about whether he elected to receive pension benefits after moving them via direct rollover from his pension fund to his individual retirement account (IRA).
[0200757]

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Anatomy of a Benefit Appeal: Best Practices for Plan Sponsors.
Brice, Daniel R.; Benefits Magazine; v54 no9 pp 14-21 Sep 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Having the proper procedures in place for responding to benefit appeals can help health and pension plan sponsors avoid breaching their fiduciary duties and prevent expensive litigation.
[0200689]

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ERISA Claim Continues After Bankruptcy Case.
Benefits Magazine; v54 no9 p 61 Sep 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the Eastern District of Missouri denies the defendants' motion to dismiss a former employee's claim for long-term disability (LTD) benefits after the employee did not disclose the LTD benefits claim in her bankruptcy case.
[0200701]

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Termination of Disability Benefits Affirmed.
Benefits Magazine; v54 no9 p 57 Sep 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. Court of Appeals for the Tenth Circuit affirms a district court grant of summary judgement in favor of the defendant insurance claims administrator that terminated long-term disability (LTD) benefits for the plaintiff employee.
[0200698]

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What's Working: Better Benefits for Better Mental Health.
Hartman, Robbie; Plans & Trusts; v35 no5 pp 4-5 Sep-Oct 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Up to 20% of Canadians will experience a mental illness during their lives, but nearly half of people who have suffered from depression of anxiety have not sought treatment because of the fear of discrimination or the stigma associated with mental illness, or because of the cost of treatment. Manulife discovered its workers wanted more support for mental health and increased its mental health benefits.
[0200708]

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LTD Administrator Did Not Have Discretion to Determine Eligibility.
Benefits Magazine; v54 no7 pp 55, 58 Jul 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. Court of Appeals for the First Circuit reverses and remands a lower court decision and finds that the defendant claims administrator did not have discretion to determine whether the plaintiff former employee was totally disabled under the group long-term disability plan of her employer.
[0200623]

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First Circuit Affirms Pension Benefits Limitation During Disability Leave.
Benefits Magazine; v54 no5 p 48 May 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. Court of Appeals for the First Circuit Affirms a lower court determination of the plaintiff retiree's pension benefit calculation by the defendant plan administrator. The calculation restricted the period during which the plaintiff accrued benefit service while on disability leave to 60 months, as provided in the pension plan.
[0200550]

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Taking Control of Employee Absence--Best Practices in Absence Management.
Meilleur, Amelie; Plans & Trusts; v35 no3 pp 16-20 May-Jun 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : By utilizing a clearly defined attendance policy, effective communication and management training, organizations can implement return-to-work strategies that benefit employees and the company's bottom line.
[0200580]

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Disability Plan Administrator Not Required to Offset Net Social Security Benefits.
Benefits Magazine; v54 no4 p 51 Apr 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. Court of Appeals for the First Circuit affirms a district court ruling that the plaintiff long-term disability plan beneficiary was not entitled to request that her benefit offset from Social Security be determined on a net-of-tax basis.
[0200531]

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Medical Record Review Did Not Constitute Practicing Medicine.
Benefits Magazine; v54 no4 p 50 Apr 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. Court of Appeals for the Sixth Circuit affirms a district court holding that the defendant third-party independent medical record reviewer was not practicing medicine without a license in Kentucky when it denied the plaintiff's eligibility for disability benefits.
[0200530]

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Plan Documents Collectively Sufficient to Grant Authority to Make Benefit Determinations.
Benefits Magazine; v54 no4 p 48 Apr 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. Court of Appeals for the District of Columbia Circuit affirms a lower court denial of benefits to the plaintiff employee who sought benefits under the long-term disability (LTD) plan of the defendant bank. It also determines that the plan documents, when read together, granted the plan administrator authority to construe the terms of the plan and determine eligibility for benefits.
[0200528]

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Washington Update: New Claims Procedures for Plans Providing Disability Benefits.
Benefits Magazine; v54 no4 p 58 Apr 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : On December 19, 2016, the Department of Labor (DOL) published final regulations updating claims procedure regulations for employee benefit plans providing disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA).
[0200538]

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Follow the Money: Challenges for Trustees After Montanile.
O'Brien, Philip R.; Benefits Magazine; v54 no3 pp 20-27 Mar 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. Supreme Court decision in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan has important implications for self-funded ERISA health plans. This article, the second of a two-part series, examines how trustees can protect their health plan's right to recover claims costs from an award or settlement to a participant.
[0200488]

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Ninth Circuit Defines Sedentary Work as Ability to Sit for at Least Six Hours per Day.
Benefits Magazine; v54 no3 pp 61, 64 Mar 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. Court of Appeals for the Ninth Circuit vacates and remands the district court's denial of long-term disability benefits due to improper definition of "sedentary work."
[0200503]

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Claims Administrator Substantially Complied With DOL Claims Regulations.
Benefits Magazine; v54 no2 p 48 Feb 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. District Court for the Northern District of Indiana finds that the long-term disability plan administrator substantially complied with Department of Labor regulations governing the claims and appeals process and denies the plaintiff employee's request for a de novo review of his claim.
[0200457]

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Emotional Distress Claim Can Overcome ERISA Preemption.
Benefits Quarterly; v33 no1 pp 66 1st Qtr 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Tort claim for intentional infliction of emotional distress can overcome ERISA preemption if sufficiently independent of the ERISA claim.
[0200483]

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Employers Use Stress Diagnostics to Define Strategy and Guide Action.
Davenport, Thomas O.; Levin-Scherz, Jeff; Benefits Quarterly; v33 no1 pp 28-32 1st Qtr 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Investing time and effort to uncover and mitigate today’s stressors for employees can help employers avoid tomorrow’s more damaging and expensive consequences. A comprehensive assessment of workplace stress can generate a substantial return on this investment, measured in enhanced individual well-being, reduced health care and disability costs and improved company performance. This article discusses the structure of stress diagnostics, the dimensions of those diagnostics, leading and lagging indicators of employee stress and how employers can use diagnostics to take actions that benefit employers and employees alike.
[0200473]

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ERISA Preempts Action in Benefits Denial.
Benefits Quarterly; v33 no1 pp 64-65 1st Qtr 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Sixth Circuit Court of Appeals rules that ERISA preempts action against insurance company nurses for making eligibility determination without being licensed.
[0200485]

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Pharmacogenetic Testing May Improve Drug Treatments and Shorten Disability Leaves.
Lefaivre, Antoine; Litinski, Veronika; Vandenhurk, Maria; Benefits Quarterly; v33 no1 pp 43-49 1st Qtr 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : This article describes how methods of personalized medicine—specifically, pharmacogenetic (PGx) testing—can benefit private health plans, benefits managers, care providers and consumers alike. The authors cover pharmacogenomics as a science and also introduce an innovative way to optimize drug treatments. The article touches on some important clinical outcomes drawn from a study in community pharmacy and reviews the application and return on investment of PGx testing in disability and medication management.
[0200476]

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Return-to-Work Strategies for Employers With Mental Health Conditions.
Pomaki, Georgia; Benefits Quarterly; v33 no1 pp 50-55 1st Qtr 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : There's no question that employers can no longer ignore mental health issues. Compassion and support for employees aside, it is simply good business to protect the mental health and productivity of employees. This article describes existing challenges surrounding employees with mental disorders: the link between mental disorders, disability and an employee’s ability to return to work; best practices for employers, employees and health care providers and the role of the insurance company. Together, using proven strategies, everyone contributes to the optimal solution of helping employees with mental disorders return to work.
[0200477]

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Calculation of Survivor Benefits Does Not Include CPP Disability Benefits.
Heath-Rawlings, Jesse; Plans & Trusts; v35 no1 pp 29-31 Jan-Feb 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The Saskatchewan Court of Appeal ruled that the appellant, whose husband was fatally injured in a motor vehicle accident, could not include her husband's Canada Pension Plan (CPP) disability benefits as employment income for the purposes of calculating survivor benefits under the Automobile Accident Insurance Act.
[0200441]

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Claims Administrator Failed to Demonstrate Impartiality in Denying LTD Claim.
Benefits Magazine; v54 no1 pp 53-54 Jan 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. Court of Appeals for the Ninth Circuit reverses a district court summary judgement in favor of the defendant long-term disability (LTD) plan and defendant claims administrator because of potential conflicts of interest between the defendants and paid medical experts.
[0200412]

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LTD Benefits Denial Failed to Account for Both Physical and Mental Disabilities.
Benefits Magazine; v54 no1 p 50 Jan 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The U.S. Court of Appeals for the Sixth Circuit reverses a district court decision upholding the defendant long-term disability (LTD) plan administrator's denial of benefits to the plaintiff employee based solely on the plan's limitation on mental disorders.
[0200410]

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Mental Health and Substance Abuse Benefits Gaining Traction.
Held, Justin; Plans & Trusts; v35 no1 pp 26-27 Jan-Feb 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Employers have taken an approach to wellness that goes beyond the physical health of plan participants to include mental health and substance abuse initiatives--issues that long have held the attention of government agencies and health insurance providers.
[0200440]

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