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Tag Archives: Disability Benefits

Labor & Employment – ERISA – Long Term Disability – Breach of Fiduciary Duty Claim – Social Security Set-Off (access required)

Breyan v. US Cotton, LLC Long Term Disability Plan Plaintiff alleges not only that defendants misled him into believing there would be no set-off deducted from his long-term disability benefits, but also that defendants never provided him with a written description of the plan; accordingly, plaintiff has stated a claim for breach of fiduciary duty.

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The benefits of waiting (access required)

money bags

The state’s Industrial Commission recently reversed a deputy commissioner’s decision and reinstated a 57-year-old former janitor’s disability payments that had been put on hold in 1998. It also ordered the state to pay more than $50,000 he had been denied over the past five years.

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Domestic Relations – Equitable Distribution – Disability Benefits – NFL Injury (access required)

Wright v. Wright Defendant received line-of-duty disability benefits as part of his retirement plan because “during his playing days, he … incurred a ‘substantial disablement arising out of NFL football activities.’” The trial court reasoned that these benefits are paid to individuals whose injuries render them unable to continue to play football, but who may continue to work in other professions. The trial court focused on the nature of defendant’s former profession but did not made sufficient findings of fact showing an application of the analytic approach adopted by our Supreme Court. On remand, the trial court should focus on the nature of the wages being replaced by the line-of-duty disability benefits.

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Domestic Relations – Alimony – Dependency – Future Income – Disability Benefits – Couple’s Pharmacy (access required)

Taylor v. Taylor In its order denying alimony to a disabled husband, the trial court found that the husband had been able to maintain his standard of living despite his disability. However, the trial court also found that the husband’s private-insurance disability benefits would cease when he turned 65; moreover, the source of some of the husband’s income – the couple’s pharmacy – was distributed to the wife in the court’s equitable distribution order. The trial court should have made findings as to whether the husband would continue to be able to maintain his standard of living.

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