Jim Plummer's blog

List of ERISA attorneys

Brininger LTD publishes a list of ERISA attorneys in case you need ERISA assistance outside of the Fifth Circuit. If you are in the Fifth Circuit (Texas, Louisiana and Mississippi) contact me at blair@disability.md. Our home page is http://www.disability.md

Court discredits Amy Hopkins, M.D. supposition

May v. Metropolitan Life Ins. Co., C.A. No. 03-5056 (N.D. Cal. Sept. 9, 2004). Judge Wilken presiding. Judge Wilken's home page is here.

In this case, Lucky May presented evidence that she was disabled from fibromyalgia. The only evidence to the contrary in the Administrative Record was an opinion by Dr. Amy Hopkins. Judge Wilken did not credit Dr. Hopkins report:

Court rejects Dr. Amy Hopkins' opinion

Further support for a heightened degree of scrutiny is found in Dr. Hopkins' selective "pick and choose" approach in reviewing the medical records in the case. Dr. Hopkins completely mischaracterizes Dr. Babins' opinion as to the Plaintiff's ability to return to work. She states in her correspondence of February 9, 2001: "[Dr. Babins] wrote an APS 10/23/00 which stated that [Plaintiff] was to remain OOW through 1/10/01." Def. Ex. 17. A fair reading of the Attending Physician Statement suggests that Dr.

Spitzer and Serio settlement

"Spitzer and Serio announce settlement with nation's largest disability insurer"

http://www.oag.state.ny.us/press/2004/nov/nov18a_04.html

Glista v. UNUM Life Ins. Co.

2004-08-11 "Defendant's denial of plaintiff's claim for long-term disability benefits on the ground that his disability was a pre-existing condition excluded from coverage was neither reasonable nor supported by the evidence."

Critchlow v. First UNUM Life Ins. Co.

"Defendant's denial of insurance benefits on the basis that decedent's death was not within the scope of plaintiff's insurance policy is a wrongful denial as a matter of law where his death was accidental."

Director liability under ERISA

From the BenefitsCounsel.com ERISABlog Archives, an article on the liability of directors under ERISA

Decision in Cob Clearinghouse v. Aetna US Healthcare

"COB Clearinghouse Corporation, also known as Digital Healthcare, Inc., Plaintiff-Appellant, v. Aetna U.S. Healthcare, Inc.; Great West Life and Annuity Insurance Co.; Blue Cross & Blue Shield of Kansas City; Connecticut General Life Insurance Company" 

 

Agent of employer has no standing to sue under ERISA.

 

Full-text of the opinion

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