On a regular basis our disability lawyers write about disability insurance cases and other related disability claim issues around the country which we believe are education and informative for disability insurance claimants. Please contact us if we can assist you. Check out our Blog, Frequently Asked Questions, Insurance Company or Disabling Conditions pages to learn more.
January 2, 2019 —
In Paula Le v. Unum Insurance Company of America, plaintiff was severely injured in an automobile accident and was unable to return to her job. She was covered by an employee welfare benefit plan (the plan) through her employer, Opelousas General Health System (OGHS). She was awarded long-term disability benefits beginning in September 2013.
November 14, 2018 —
Answer: It depends, but most likely yes.
The group disability policy provided by your employer will most likely offset other income benefits you receive such as:
social security disability;
and other group disability insurance, such as a group you may have through an association or other group insurance...
November 1, 2018 —
Prior to disability, David Do was employed as an Analyst-Desktop services for IVZ, Inc. He was responsible to resolving and handling “all support calls relating to desktop software/hardware installation and maintenance.”
Mr. Do was insured under an employer sponsored long-term disability plan administered and funded by Metropolitan Life...
October 15, 2018 —
It is common for group disability insurance policies to contain provisions “offsetting” or reducing the monthly disability benefit by other income benefits being received by the insured, such as social security disability, workers compensation benefits and state disability benefits. Also, these same “offset” provisions often reduce the...
May 16, 2018 —
In July 2016, Kimberly Garner, suffering from urinary incontinence, left her job with Amazon, and filed a claim for long-term disability benefits with Amazon’s long-term disability insurer, Aetna Life Insurance Company.
The Amazon Long-term Disability Plan required that in order to receive monthly benefits, the employee insured must be unable...
February 14, 2018 —
Cal Van Steen had been employed as a Systems Integration Business Analyst at Lockheed Martin Corporation and participated in the company’s group long-term disability plan with Life Insurance Company of North America a/k/a CIGNA.
In 2011 while walking his dog he was assaulted during an altercation which resulted in a traumatic brain injury...
January 4, 2018 —
Before degenerative joint disease of the lumbar spine forced Christopher Patterson to leave his career, Mr. Patterson worked as a Systems Analyst for a consulting firm. Mr. Patterson’s employer provided long-term disability insurance through a plan administered by Aetna Life Insurance Company.
In 2001, Mr. Patterson’s back pain forced him...
November 22, 2017 —
ERISA disability lawsuits are complicated due to the pro-insurance company laws. Our disability attorneys have handled thousands of ERISA disability lawsuits and Cigna is one of the companies that we sue on a routine basis. In this video, attorneys Cesar Gavidia and Gregory Dell discuss the fundamentals of a disability lawsuit against Cigna. If...
November 15, 2017 —
The answer to this question depends on numerous factors such as disability policy language, medical support and treating physician medical documentation. In this video, disability insurance attorneys Gregory Dell and Cesar Gavidia discuss some of the common issues encountered when selecting a date of disability. The date of disability...
October 12, 2017 —
From 2002 until 2010, Julia Sun worked as a Registered Nurse caring for quadriplegic patients. Her occupation could not be considered, as far as strength demand was concerned, anything less than a “medium” physical demand level occupation. The substantial and material duties of her occupation included caring, bathing, feeding, dressing and...
May 4, 2017 —
You’ve arrived home from your doctor visit and you check the mail and find that you have a letter from your long-term disability insurance company. The letter explains that the long-term disability carrier is in the process of conducting a medical consultant review of your claim. Your benefits have not been interrupted; however, the disability...
April 11, 2017 —
It is not uncommon for employees to struggle and suffer through sickness or injury and work, even if working is counter-intuitive to their own health and effective productivity at their occupation. Unfortunately, these employees often find themselves as targets of work-force reduction or layoff, because despite their best efforts they are unable...
March 22, 2017 —
Long-term disability attorneys Cesar Gavidia and Gregory Dell discuss a recent case against Prudential Insurance Company in which long term disability benefits were denied because the claimant claimed LTD benefits after he was terminated by his employer. This is a very specific fact pattern in this case, but it worked out well for the claimant...
January 27, 2017 —
You’ve arrived home from your doctor visit and you check the mail and find that you’ve a letter from your long-term disability insurance company. The letter explains that the long-term disability carrier is in the process of conducting a medical consultant review of your claim. Your benefits have not been interrupted; however, the disability...
November 17, 2016 —
Nationwide disability insurance attorneys Rachel alters and Cesar Gavidia discuss the importance of getting treatment from a specialist for your disability. Disability insurance claimants receiving benefits know the importance of regular doctor’s visits. However, did you know that disability insurance companies will discontinue benefits if you...
January 5, 2016 —
Mr. G had previously worked as a foreman for a large fertilizer company. One day at work Mr. G suffered a fall into a bin of fertilizer. Although Mr. G suffered some injuries, he soon began developing serious neurological symptoms which included parkinsonian type symptoms, seizure episodes and muscle spasms. Initially, he believed his symptoms...
October 29, 2015 —
Mr. V had previously worked as a project manager for the YMCA until severe and chronic lower back and radiculopathic pain caused by sciatica, lumbar radiculitis, degenerative disk disease and osteoarthritis forced him to cease working and file a long-term disability claim under his employer's long-term disability insurance plan funded and...
August 11, 2015 —
In this video, disability insurance attorneys Rachel Alters and Cesar Gavidia discuss what you can expect at an IME exam requested by The Hartford disability insurance company. The information they discuss is applicable to an IME exam requested by most disability insurance companies. You need to take extreme precautions if your have been requested...
July 29, 2015 —
The manner in which an insured chooses to pay their disability insurance premiums could have a major impact on their disability claim. The way an insured chooses to pay their premiums -- either personally, through employer contributions or a salary allotment plan -- not only impacts the taxability of those benefits when they file their claim, but...
July 16, 2015 —
It is challenging for a disabled claimant to obtain either short or long term disability benefits when they are receiving or have received unemployment benefits. It is not impossible to get STD or LTD benefits, but a claimant would be much better off not seeking unemployment. One of the criteria to be eligible for unemployment benefits is that...
March 6, 2015 —
Employee Terminated Despite Suffering From Disability Which Impacted His Work Performance
Kevin worked for Ametek, Inc. from 2008 until July 2012, holding various positions over the course of that time. Beginning in 2009 he began suffering a number of serious health problems which forced him to take medical leave until early 2010, at which time...
January 13, 2015 —
The answer is that it depends on the type of Plan; who funds the benefits and who is responsible for making the claim determination. In most cases, the entity sued is the disability insurance company, since it is the party responsible for both making the claim determination and paying benefits. Although it may be designating as the Plan...
December 10, 2014 —
Unum regularly request examinations of their customers and these exams are mandatory. Unum calls these exams Independent Medical Exams "IME", but they are compulsory. Unfortunately these medical examinations are often biased as Unum is the company hiring the doctor. In this video, attorneys Rachel Alters and Cesar Gavidia discuss the common things...
November 27, 2014 —
Following a denial of disability benefits and after all administrative appeals with the disability insurance company have been exhausted, the insurance company's final appeal denial typically signals the closing of the administrative record. Once the administrative record has been closed no further evidence, documentation or information can be...
November 13, 2014 —
As a general rule, no, the rules of evidence do not apply to ERISA disability insurance cases. The purpose of the rules of evidence is to regulate the evidence that a jury may use to reach a verdict. Since the trier of fact in an ERISA case is a federal judge and not a jury, and the trial itself is often in the form of a hearing before the federal...
October 2, 2014 —
Many individual and group disability insurance policies contain Waiver of Premium provisions that allow for the waiver of the annual premiums while you are disabled. However, if your claim is pending and under review, you should continue to make all premium payments which become due until the long-term disability insurance carrier informs you that...
September 16, 2014 —
Answer: Like most answers to questions regarding long-term disability insurance the answer is predicated on the terms and conditions of the long-term disability insurance policy in question.
Foreign residency limitations will serve to either deny coverage and preclude payment of long-term disability benefits if the insured resides outside of...
June 18, 2014 —
Attending Physician Statement (APS) is a form that every disability insurance company requires a disability claimant to complete on a routine basis during the pendency of a short or long term disability insurance claim. Doctors often rush through these forms which can be detrimental to a claimant. The doctor statement is drafted by the insurance...
June 17, 2014 —
California, one of the first states to ban discretionary clauses in disability insurance policies, is home to a recent decision by a federal court judge finding that the state statute banning discretionary clauses does not affect policies issued or renewed before January 1, 2012; and although the statute may void discretionary clauses in the...
May 29, 2014 —
Generally, yes, most long-term disability insurance carriers allow you to submit one application if they administer both your Group and Individual Long-term Disability policies. Of course, as a rule of thumb, you never want to assume anything when it comes to the disability insurance company or your claim, and you should ask the claim...