ERISA Cases in the First Circuit
Maine, New Hampshire, Massachusetts, Rhode Island & Puerto Rico
At ERISA Law Center, we handle cases for clients in all Courts of Appeal across the U.S. This includes the United States Court of Appeals for the First Circuit. The First Circuit includes Maine, Massachusetts, New Hampshire, Puerto Rico and Rhode Island. If you live and work in one of these areas, or if your employer primarily operates out of one of these areas, your ERISA case may come to the First Circuit. Through our experience in these districts, our ERISA lawyer can offer insight on how the First Circuit may impact your disability case.
Video Surveillance by Disability Insurance Companies
The First Circuit is very good in certain areas of ERISA law. For example, video tape surveillance is very common in ERISA disability cases, but it is often abused. Some insurance companies, plans and reviewing doctors treat any activities, even the most innocent, innocuous behavior, as proof that a person is not disabled. The First Circuit has clearly rejected such abuses by insurance companies and plans. The First Circuit has recognized that, when surveillance video demonstrates a claimant is doing something he or she said he or she couldn't do, this might be legitimate evidence that the person is not disabled. If that person intermittently engaged in innocent activities for brief periods of time, however, the First Circuit has recognized that this does not necessarily mean the person isn't disabled and it's improper for insurance companies to so conclude.