Disability Insurance Claims Litigation: Practical Guide
The Department of Labor’s (DOL) amendments to the claims procedure regulations for disability benefits have taken effect on April 1, 2018. The changes, which aim to give claimants additional protection, affect all Employee Retirement Income Security Act (ERISA) plans.
With the recent developments, a shift on the litigation landscape for such claims is bound to happen. Thus, making it necessary for companies, issuers and third-party administrators along with other stakeholders, to keep abreast of the updates to the disability claims’ procedural and regulatory requirements and develop effective compliance strategies in order to mitigate risks and liabilities.
Our panel of key thought leaders and practitioners will offer a discussion of the fundamentals as well as updates regarding the latest and significant issues surrounding disability insurance claims litigation. This LIVE Webcast aims to help you avoid common pitfalls and risk issues in light of the updates in this changing legal and regulatory landscape.
Key topics include:
- Disability Insurance Claims: Then and Now
- Compliance Issues
- Developing Effective Compliance Strategies
- Risks and Pitfalls
- Mitigation Litigation Risks
- Practical Tips and Best Litigation Practices
Funk & Bolton, P.A.
- Strict v. Substantial Compliance with DOL Regulations
- Regulatory Non-Compliance Claims
- Equitable Relief
- Breach of Fiduciary Duty And Benefit Claims
- Full and Fair Review
- Standard of Review Issues
- Mental Health Claims
Law Office of Mark Scherzer
- Practical/Strategic Considerations of New ERISA Disability Regulations for Disability Claims and Appeals
- Practical/Strategic Considerations Regarding Lawsuit Motion Practice in ERISA Disability Cases:?? Rule 56 Summary Judgment Motions vs. Rule 52 Bench Trials
- Current Litigation Battles Over the Applicable Standard of Review
- Increasing Importance of Plaintiff's Expert Evidence in Appeals and Litigation (FCE's, Vocational Reports, NP Testing, etc.)
- Coverage Issues - Disability Claims in the Context of Lay-offs, Reductions-in-force, Severance/Terminations
Who Should Attend:
- Carriers, Insurers and Claimants
- Insurance Lawyers
- Insurance Companies
- Medical Professionals
- Claims Professionals
- Disability Consultants
- Vocational Experts
- Risk Managers
Bryan D. Bolton represents life, health, and disability insurers, self-funded plans, TPAs, and MCOs in federal court, state court, and regulatory proceedings. His appellate court experience includes appeals to the United States Courts of Appeals for the Second, Third, Fourth, and District of Columbia Circuits, and amicus counsel in the Supreme Court of the United States. Mr. Bolton is a member of the Maryland and Pennsylvania bars, and included in the Bar Register of Preeminent Lawyers, Maryland Super Lawyers and Best Lawyers in America.
Bryan D. Bolton represents life, health, and disability insurers, self-funded plans, TPAs, and MCOs in federal court, state court, and …
Lawyer A. Christopher Wieber advocates on behalf of those seeking life, health insurance and disability benefits. A graduate of Harvard Law School, Mr. Wieber has practiced at the New York City Law Office of Mark Scherzer since 1992, where he has focused predominantly on assisting clients with short- and long-term disability claims under employer-sponsored disability plans subject to the Employee Retirement Income Security Act (ERISA). Mr. Wieber advises employees who are considering a disability claim; provides guidance during initial claim preparation and throughout the duration of a long-term disability claim (including annual updates, Own Occ/Any Occ investigations, independent medical evaluations (IMEs), functional capacity evaluations (FCEs), and field interviews), files administrative appeals of claim denials, and litigates cases in New York federal and state courts. He has received an “AV Preeminent” peer review rating from Martindale-Hubbell.
Lawyer A. Christopher Wieber advocates on behalf of those seeking life, health insurance and disability benefits. A graduate of Harvard …
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Method Of Presentation:
General knowledge of employee benefits laws
NY Category of CLE Credit:
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About Funk & Bolton, P.A.
Funk & Bolton, P.A. has dedicated over twenty-years to the defense of disability, health, and life insurance claims. The firm’s extensive ERISA, FEHBA, ACA, non-ERISA, and regulatory background provides a unique platform for the delivery of legal services to the health, life, and disability insurance industry. The firm’s deep bench of legal talent delivers strategic counsel to insurance companies, plans, plan administrators, plan sponsors, and trustees, including offering analytical insight into the intersection between Federal law (ERISA, FEHBA & ACA) and State insurance laws. The firm’s chairman, Bryan D. Bolton, is listed in Maryland Super Lawyers, Best Lawyers in America, and rated AV Preeminent by Martindale-Hubbell.
About Law Office of Mark Scherzer
For more than 35 years, the Law Office of Mark Scherzer has assisted individuals with health, life, and disability insurance matters. Based in New York City, the firm’s attorneys – Mark Scherzer and A. Christopher Wieber – advise employees about their rights under employer-sponsored group benefit plans, including medical, life insurance/waiver of premium, short-term disability, and long-term disability plans. The firm also assists individual policyholders with similar matters arising under disability income policies and business overhead expense policies. The firm has significant experience with all aspects of the Employee Retirement Income Security Act (ERISA) and New York State Insurance Law, including claim preparation guidance, administrative appeals of claim denials, and litigation of disputed claims in state and federal courts. Both Mr. Scherzer and Mr. Wieber have received an “AV Preeminent” peer review rating from Martindale-Hubbell.