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.
May 21, 2019 —
The case of Dionisio Santana-Diaz v. Metropolitan Life Insurance Company (MetLife) demonstrates how important it is for claimants to present as much medical evidence as possible to the plan administrator who is evaluating the claim for Long Term Disability (LTD) benefits. Despite many opportunities to do so during the initial evaluation and...
March 25, 2019 —
In practically all cases, a stress-induced heart attack will not be considered an injury under a disability insurance policy. An example is found in a recent case filed in the U.S. District Court for the District of Illinois. There, a Plaintiff claimed his heart attack should be considered an injury since it occurred at a time of particularly high...
March 14, 2019 —
The action by Ohio National means that they will no longer pay commissions on existing VA annuities as the agents and brokers claim was promised to them in their servicing agreements. As a result of the insurance company's letter terminating commissions, numerous lawsuits across the country have been filed by its brokers and agents.
January 15, 2019 —
Most business owners that cease operations due to a disability are stuck with ongoing business related bills that existed prior to the date of disability. The question is whether disability insurance companies pay disability Business Overhead Expenses to an insured that becomes disabled and has either closed their company or sold their business...
October 10, 2018 —
In Lopez v. Standard Insurance Company, the U.S. Court of Appeals for the Eleventh Circuit upheld Standard’s termination of long-term disability benefits to Plaintiff who, according to Standard, was not disabled from performing “any occupation.”
Plaintiff went to work as a sheetrock applicator for Palm Harbor Homes, Inc. in May 2003. In...
September 26, 2018 —
In Scott Griffin v. Hartford Life & Accident Insurance Company, Plaintiff was a medical transcriptionist who was initially awarded long term disability benefits in 2010 due to arm and wrist pain and a herniated cervical disc. He ultimately underwent surgery for the bad disc.
Plaintiff’s initial benefits were awarded based on his inability to...
September 3, 2018 —
In Wayne Torpy v. Unum Life Insurance Company of America, both Unum and Plaintiff Torpy appealed a ruling of the New Mexico District Court. Although several issues were presented, since the one resolved by the Court of Appeals vacated the lower court decision, the resolution of the other issues were left to the District Court to resolve on...
June 29, 2018 —
In Fiorentini v. Paul Revere Life Insurance Company, Plaintiff Henry Fiorentini, CEO and owner of his own information-technology company Panatech, was granted total disability in 2009 due to problems he had when basal cell carcinoma attacked his right ear. The ear was amputated in 2008.
In 2014, Paul Revere learned Plaintiff had returned to...
May 24, 2018 —
The Centers for Disease Control and Prevention (CDC) provides indirect evidence that the little bloodsucking mosquitoes, ticks, and fleas are becoming more numerous.
These findings are in the latest Vital Signs report by the Centers for Disease Control and Prevention. According to the CDC, "Illnesses from mosquito, tick, and flea bites have...
May 9, 2018 —
In Barbara J. Nylander, M.D. v. Unum Life Insurance Company and Paul Revere Life Insurance Company, Dr. Nylander, a board-certified physician whose practice included gynecological surgery, was injured on April 21, 2015, when another doctor with whom she was performing an operation accidentally cut her index finger, severing a tendon. The injury...
March 2, 2018 —
In this video disability insurance attorneys Gregory Dell and Stephen Jessup discuss the multiple issues associated with long term disability insurance claims for people suffering with a back related medical issue. A disability claim related to a back condition is one of the top five causes of disability. Back disability claims are highly...
January 23, 2018 —
Substance abuse disorder is a major problem throughout our country and it is a disease that can happen to anyone. Unfortunately doctors working in high stress environments have a high incidence of either alcohol or pain medicine addiction. The claims for doctors are difficult as a substance abuse disorder often results in an event in the workplace...
December 27, 2017 —
This case is just another example of a Unum claim rep reviewing restriction and limitations provided by their own in-house doctors, with complete disregard for the opinions of a claimant's treating doctor. An Oklahoma Judge opined that Unum ignored the restrictions and limitations provided by the claimant's treating doctors. The claimant, a...
December 11, 2017 —
A long term disability insurance claimant had his benefits denied when a doctor made a mistake in completing an Attending Physician Statement. Following submission of an ERISA appeal Hartford ignored the additional information submitted and once again denied the claim following an Appeal. Following the submission of a Federal lawsuit, the...
December 8, 2017 —
Metlife has a team of full time employees that go around the country interviewing long term disability claimants. These interviews are often used as the basis to deny a long term disability claim. In this video, disability insurance attorney Gregory Dell some discusses some basic things to expect if an interview has been requested. Our lawyers are...
December 4, 2017 —
This is an interesting long term disability benefit case that was litigated in the Washington Federal Court against Principal Life insurance. As we see with a lot of ERISA disability lawsuits, the insurance company denies a claimant’s long term disability claim when the definition of disability changes from OWN OCCUPATION to ANY OCCUPATION. In...
November 30, 2017 —
The answer to this question is NO and a recent case brought by a FEDEX employee against Aetna insurance company is an example of an SSDI approval and a long term disability denial. In a recent case, a Fed-Ex employee filed a lawsuit against AETNA following the denial of long term disability benefits. Aetna paid long-term disability benefits for 24...
November 29, 2017 —
Mental health conditions such as anxiety and depression are two of the most common causes of disability. In a recent case against Liberty Mutual, a pediatrician claimed he was unable to work due to anxiety and depression. Liberty Mutual evaluated the doctors claim by hiring a doctor to review the medical records submitted. Based exclusively on...
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...
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...
March 15, 2017 —
The Six Circuit Court of Appeals reverses a Hartford long term disability benefit denial.
Long term disability insurance attorneys Stephen Jessup and Gregory Dell discuss this recent case in which the court basically states that there is no objective evidence of Fibromyalgia. It seems that the courts are really starting to understand...
March 9, 2017 —
Disability insurance claimants naively believe that managing their own disability claim is a simple process. There are disadvantages of managing your disability insurance matter, especially when filing your own appeal. The goal of an appeal is to overturn the insurance companies decision and to strengthen your case if you have to file a...
January 5, 2017 —
In Bosley v. Metropolitan Life Insurance Company (MetLife), plaintiff Robert Bosley, a registered nurse, has his 2009 claim for long term disability approved by MetLife. He received benefits from 2008 until 2010 at which time he returned to work in sedentary “desk job” position. In 2011, he again received long term disability benefits running...
December 27, 2016 —
In Brasseur v. Life Insurance Company of America (LINA), Plaintiff Wilfred Brasseur, a computer engineer, worked in the Houston office of Chicago Bridge & Iron Company when he became disabled. LINA denied his application for long term disability benefits on the grounds that he “was not disabled as defined by the Plan’s terms.” Ultimately...
December 13, 2016 —
Michelle Duncan worked for 22 years for Verizon. She started with the company upon her graduation from high school back when Verizon was known as U.S. West Paging. She worked her way up the ladder to the position of Global Enterprise Manager. It was a high-pressured job requiring travel and dealing with hundreds of email...
December 6, 2016 —
In Carr v. John Hancock Life Insurance Co., plaintiff David Carr, a former Shell employee, suffered from a number of illnesses including anxiety, hypertension and prostate cancer. Additionally, he was legally blind. While employed at Shell, he was covered by a Group Long-Term Care Insurance policy.
According to the...
November 29, 2016 —
In Owens v. Metropolitan Life Insurance, Judge Richard Story of the Northern District of Georgia Federal Court found that MetLife breached its duty to Laura Owens and similar beneficiaries. In April of 2012, Robert Owens died, leaving Laura a widow. Through his employer, Robert had life insurance from MetLife.
MetLife approved Laura Owen’s...
November 25, 2016 —
In Hutchings v. Lora Lyons, Plan Administrator, and Ball Industries Employee Injury Benefit Plan, et al. (Defendants), plaintiff Linda Hutchings injured her knee while at work. Her initial request for disability benefits was granted so she could have surgery for a torn right medial meniscus. The surgery was not successful.
Just a few months...
November 22, 2016 —
In Brown v. United of Omaha Life Insurance, United unsuccessfully tried to avoid paying a death benefit to Lloyd Brown III, the beneficiary of a life insurance policy chosen by his father, Lloyd Brown II. Ultimately, Brown III won, but the case was remanded to the district court to determine the exact monetary amount of his award as well as the...
November 10, 2016 —
In Mendez v. FedEx Express and Aetna, plaintiff Miguel Mendez had worked 28 years as a delivery driver for FedEx when he was severely injured in a car wreck. He suffered a traumatic brain injury (TBI), a splintered pelvis and multiple other orthopedic injuries. Aetna, plan administrator for FedEx, initially granted Mendez’s application for...