Disability Law Doesn’t Bar Varied Plan Design, Judge Says

Disability plans can offer different benefit levels for disabilities caused by mental and physical ailments without violating the Americans with Disabilities Act, a federal judge in New Hampshire ruled (Fortier v. Hartford Life & Accident Ins. Co., 2017 BL 318197, D.N.H., No. 1:16-cv-00322-LM, 9/11/17).

In rejecting a “differential-benefits claim” brought by a doctor who sought disability benefits for cognitive defects caused by a virus, the judge on Sept. 11 followed the majority position taken by the U.S. Courts of Appeals for the Second, Third, Fourth, Sixth, Seventh, Ninth, and Tenth circuits. The ...