5. Circ. Helps insurers fight for ERISA disability benefits


By Beverly Banks (Oct. 6, 2021, 8:35 p.m. EDT) – The Fifth Circuit undid a worker’s victory in a lawsuit accusing Standard Insurance Co. of violating federal benefits law by cutting its disability benefits , and decided that the insurer t gave up its right to determine how long its entitlement to benefits lasted.

A three-judge panel unanimously ruled Tuesday that Standard Insurance Co.’s retrospective review of whether Jose Chavez was eligible for 24-month benefits was in breach of the Security of Employee Income Security Act.

Tuesday’s ruling overturned a lower court ruling that the insurance company couldn’t go back and determine if Chavez, who worked for a hardware store, …

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