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Andrews v. Blue Cross Blue Shield of Nebraska Employee Group Long Term Disability Insurance Plan

10th CircuitFebruary 3, 2006No. 05-1278Cited 1 time
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Case Details

Judge(s)
Kelly, Porfilio, Brorby
Status — whether other courts must follow this ruling
Unpublished
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The appellate court affirmed the district court's judgment in favor of the insurance plan defendants, holding that 'earnings' for calculating long-term disability benefits includes only commissions actually received during the twelve-month period prior to the elimination period, not commissions earned but not yet paid.

What This Ruling Means

# Andrews v. Blue Cross Blue Shield of Nebraska: What Workers Should Know **The Dispute** Andrews had a long-term disability insurance plan through their employer. When calculating disability benefits, a disagreement arose over how to count commission income. Andrews argued that commissions should include money earned but not yet received, while the insurance company counted only commissions actually paid during the relevant time period. **The Court's Decision** The appeals court sided with the insurance company. The court ruled that only commissions *actually received* in the twelve-month period before the disability began should count toward calculating benefit amounts—not commissions that were earned but not yet paid. **Why This Matters** This ruling clarifies how insurance companies calculate disability benefits for workers who earn commissions. If you receive commission income and become disabled, your benefits will be based on money you've actually received, not money you've earned but are still waiting to collect. Workers in commission-based jobs should understand this distinction when reviewing their disability coverage and calculating potential benefits.

This summary was generated to explain the ruling in plain English and is not legal advice.

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