As Judge Sotomayor’s prior legal decisions, speeches and viewpoints are analyzed by the media and politicians, it is important for lawyers to appreciate her views and perspectives on issues that may impact our respective practices. So, what is Judge Sotomayor’s perspective on disability insurance issues?
She has been involved in a number of decisions regarding disability insurance law, both when on the District Court bench, and on the Second Circuit Court of Appeals. She has been involved in decisions providing considerations of equitable principles to assist claimants, but she has also found in favor of insurance companies on several matters before her on the Court of Appeals. It appears that she will follow the law largely, and despite many protestations from the politicians, she is likely to refrain from too much judicial activism, at least as it pertains to the area of disability insurance law.