Can You Add Evidence In Long Term Disability Litigation? Yes or No? Or "It Depends" episode artwork

EPISODE · Jan 31, 2024 · 39 MIN

Can You Add Evidence In Long Term Disability Litigation? Yes or No? Or "It Depends"

from ERISA Disability and Life Insurance Litigation · host Ben Glass

The main legal issue argued in the argument revolves around whether evidence outside the administrative record can be submitted in cases governed by de novo review under ERISA. The appellant contended that contrary to established 11th Circuit precedents, the lower court erroneously limited evidence to the administrative record. This issue is pivotal as it affects the ability of claimants to present additional evidence in support of their disability claims during judicial review, especially in light of evolving legal standards concerning discretionary clauses in ERISA plans.The claimant's medical conditions, including chronic pain syndrome, degenerative disc disease, and radiculopathy, significantly impacted his ability to perform his job functions, leading him to file a claim for long-term disability benefits. However, his insurance provider, Lincoln National Life Insurance Company, denied his claim. Everyone agrees that Lincoln’s denial of long-term disability benefits to the claimant triggered de novo re-view because the plan did not give Lincoln discretion. The claimant, employed as an Accountant, aimed to strengthen his case with additional medical records, expert testimonies, and a more detailed account of his medical conditions.  The trial court did not allow this.He filed an appeal at the federal circuit court of appeals, hoping that the court would reverse and remand the decision of the lower court.This is the oral argument in the 11th circuit court of appealsThese public domain recordings are brought to you by Ben Glass Law, a national long term disability and life insurance firm headquartered in Fairfax, VA.By making these recordings into a "podcast," we've made the listening easier for claimants, attorneys and claims adjusters alike. If long term disability or life insurance benefits have been denied, we'd love to review your denial letter and give you a strategy for moving forward. This is a free service and you can go here to begin submitting your denial letter.

The main legal issue argued in the argument revolves around whether evidence outside the administrative record can be submitted in cases governed by de novo review under ERISA. The appellant contended that contrary to established 11th Circuit precedents, the lower court erroneously limited evidence to the administrative record. This issue is pivotal as it affects the ability of claimants to present additional evidence in support of their disability claims during judicial review, especially in...

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Can You Add Evidence In Long Term Disability Litigation? Yes or No? Or "It Depends"

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How long is this episode of ERISA Disability and Life Insurance Litigation?

This episode is 39 minutes long.

When was this ERISA Disability and Life Insurance Litigation episode published?

This episode was published on January 31, 2024.

What is this episode about?

The main legal issue argued in the argument revolves around whether evidence outside the administrative record can be submitted in cases governed by de novo review under ERISA. The appellant contended that contrary to established 11th Circuit...

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Yes, a full transcript is available for this episode. You can read the complete transcript on the episode page.

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