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William D. Hittler News Archive

Newsroom image for the post Short-Term Disability Claim Denial Based on Back Pain Claim Upheld – Medical Diagnosis Alone Insufficient to Support Claim

Posted April 14, 2017 with Tags ERISA law, Bill Hittler

Short-Term Disability Claim Denial Based on Back Pain Claim Upheld – Medical Diagnosis Alone Insufficient to Support Claim

The District Court of Minnesota, in Braden v. ATT Umbrella Benefit Plan No. 3, 2017 WL 1047257 (D. Minn. Mar. 17, 2017), granted summary judgment under ERISA in favor of the plan in spite of medical evidence that the claimant could not work based on lumbar pain and degenerative disc disease. The decision is worth reading because of the court’s thoughtful assessment of the evidence and rejection of the notion that a person with a documented history of back surgery, reports of inability to sit at work and a supporting physician’s opinion is entitled to short-term disability benefits.

Posted March 23, 2017

Inability to Sit in Sedentary Occupation– Sufficient to Prove Disability?

In a case of first impression, the Ninth Circuit Court of Appeals recently held that “an employee who cannot sit for more than four hours in an eight-hour workday cannot perform ‘sedentary’ work that requires ‘sitting most of the time.’” …

Posted March 11, 2016

Supreme Court: ERISA Preempts State Health Care Reporting Requirements in 18 States

The Supreme Court decided this month that a Vermont law requiring health insurers and other entities to provide regular reports to the state—including health insurance claims and enrollment—impermissibly interferes with the uniform recordkeeping scheme established by ERISA and is therefore preempted.

Posted January 21, 2016

Supreme Court: ERISA Plan’s Equitable Lien Cannot Be Enforced Against Plan Participant’s Separate Assets

In an 8 to 1 decision, the Supreme Court held that a subrogation lien set forth in the benefit plan cannot be enforced in equity under section 502(a)(3) of ERISA against a plan participant's separate assets—those funds that exist outside a specified fund.

Posted December 2, 2015

Labor Department Proposes ERISA Rule Changes

Nilan Johnson Lewis attorney Bill Hittler consults with organizations on ERISA and employee benefits matters and is available to provide interpretation on the possible changes. He says that, if enacted, these modifications will require administrators to modify their procedures to provide for additional disclosures and to ensure that all decisions are based on a full and fair review of the relevant information in the claim file.