We monitor the actions of every disability insurance company nationwide. We constantly report on the latest disability insurance lawsuits, claim handling trends and answer frequently asked questions in order to help disability insurance claimants secure their benefits. Feel free to either leave a comment on any of our articles or privately contact us should you have any questions.
June 20, 2012 —
In California, Federal Judges are often limited in their ability to reverse a denial of disability insurance benefits if a disability insurance policy is governed by ERISA. A California disability attorney must be very experienced in handling ERISA disability denials to have any chance of convincing a Judge to reverse a disability claim denial. Not every policy is governed by ERISA, but if your policy is then you must be prepared.
June 12, 2012 —
North Dakota Court Affirms MetLife Denial of Disability Benefits
On June 5, 2012, the U.S. District Court for the District of North Dakota granted Metropolitan Life Insurance Company's motion for summary judgment against a man who had filed an ERISA lawsuit after being denied continued disability benefits. The issue with the case did not stem on whether the man was disabled. In fact, MetLife was not actually making the argument that he was not...
June 7, 2012 —
When filing a disability application or appeal it is of the utmost importance to provide the insurance company all of the relevant medical records and/or documentation supporting your disability in a timely manner.
If you fail to submit any important documents or records they will not be considered by the judge at a later date if your disability claim is denied.
This is why it is very important to have a disability lawyer guide you through...
June 5, 2012 —
One of the largest obstacles facing an insured in bringing a lawsuit against a disability insurance company for benefits under an ERISA governed group disability policy is the inability to add additional information, in most cases medical information, to the administrative record after a final denial has been entered by the insurance company.
This general rule was reaffirmed in a recent ERISA disability lawsuit against Hartford Financial...
May 30, 2012 —
An Oregon disability lawyer has filed a lawsuit in the District Court of Oregon against The Boeing Company Employee Benefit Plan (Boeing) and Aetna Life Insurance Company (Aetna). The Plaintiff, Susan A, worked as an assistant to the Vice President and General Counsel of The Boeing Company. Due to her employment, Plaintiff was protected by Boeing's Employee Benefit Plan.
Case Facts Against Boeing And Aetna
Plaintiff worked as an assistant to...
May 29, 2012 —
On May 14, 2012, the U.S. District Court for the Northern District of California issued an order on a very hot topic for ERISA Disability Lawsuits. The issue concerns how much "Discovery" a denied person is able to obtain from the Disability Insurance Company while litigating a case.
Frequently, the lawyers for the disability insurance companies claim that the Plaintiffs should be allowed no discovery other than access to the administrative...
May 28, 2012 —
Can Unum deny disability claims and appeals by merely conducting paper reviews of a claimant's medical records?
Yes, apparently they can.
It would seem logical that a court of law would advocate that an insurance company should be required to have a claimant examined by a qualified physician before coming to the conclusion that the claimant is not disabled.
Unfortunately, Unum's failure to send a claimant for an IME, relying solely on...
May 25, 2012 —
In the case of Pamela P. v. Sun Life and Health Insurance Company, the court record shows that Pamela P. applied for long-term disability benefits under an employee benefits plan that was maintained by Los Padres Bank for its employees and was awarded disability benefits for over three years. Said plan was underwritten by Sun Life with its Group Certificate governed by ERISA (the Employee Retirement Income Security Act). Mention of the...
May 24, 2012 —
Utah Court Wants To Know Relationship Between Dr. Carol Flippen and Cigna Life Insurance
Cigna Insurance company may try to run but they can't hide.
In a very interesting Cigna life insurance claim denial lawsuit filed in a Utah Federal court, the Court has ordered Cigna to answer interrogatories detailing how many claims Dr. Carol Flippen has approved or denied when hired by Cigna.
This is a great victory for Cigna life insurance and...
May 22, 2012 —
Shelia W. and her California disability lawyer prevailed in a lawsuit against MetLife when the United States District Court of the Southern District of California found the insurer to have abused its discretion when it terminated Shelia' disability benefits under the "own occupation" standard.
With little evidence in the way of exonerating itself from the allegations that it treated Shelia' disability claim unfairly, MetLife was ordered to...
May 17, 2012 —
Unum Life Insurance Company Of America (Unum) was sued in two different lawsuits filed in the Federal Courts of Missouri, by two plaintiffs who did not receive the long-term benefits that were entitled to them under the terms of their respective Plans that were issued and administered by Unum.
Western Division Case
In Dale L. v. Unum Life Insurance Company Of America, Administrator Of The Unum Disability Income Policy, Plaintiff through a...
May 14, 2012 —
Unum disability claimants need to be aware that when filling out an application for disability insurance benefits it is necessary to disclose your medical history accurately and to make sure your insurance agent is doing the same. Should the insurance company discover a material misrepresentation, the policy could be rescinded, and the claimant could be required to pay back any and all benefits previously paid and then be subject to a fraud...
May 14, 2012 —
A Washington disability lawyer filed a federal lawsuit in the District Court for the Western District of Washington, at Seattle, against Aetna Life Insurance Company (Aetna) and The Boeing Company Long Term Disability Plan (Boeing). The Plaintiff, Patrick D., worked as a real-time software engineer for Boeing, which contracted with Aetna to provide long-term disability coverage to its employees. The Plaintiff's employment with Boeing afforded...
May 11, 2012 —
On January 28, 2011, the United Sated District Court of the Eastern District of Pennsylvania granted Berkshire Life Insurance Company of America's Motion for Summary Judgment in Michael S. v. Berkshire Life Insurance Company of America, et. al. In addition, the plaintiff's disability policy and FIO policy were rescinded negating Michael S.'s claims of "(1) violation of the Covenant of Good faith and fair Dealing (bad faith); (2) violation of the...
May 8, 2012 —
In the case of Karen N. v. Metropolitan Life Insurance Company et. al, the United States District Court of New York, after hearing arguments from both sides regarding MetLife's Motion to Dismiss the case, denied the motion in its entirety and directs the parties to appear for a status conference to determine how and when the case will proceed. And, while the Court did deny the insurer's motion, that doesn't mean that Karen N. will receive a...
May 4, 2012 —
Prudential is not very happy right now and disability claimants may suffer as a result. Prudential's group insurance division, which includes long-term disability insurance policies, reported a 2012 first quarter loss of $38 million compared to a gain of $39, million a year ago. According to an article published in the Wall Street Journal, PrudentialÃ¢â‚¬Ëœs chief executive said, "the company is "moving aggressively to correct" the...
May 3, 2012 —
Watch our video to learn more about long term disability insurance claims which are subject to ERISA.
May 3, 2012 —
We always welcome our clients and other disability claimants nationwide to share their experiences regarding the handling of their disability insurance claim.
A client of our law firm that was denied long term disability benefits by Prudential Insurance Company recently posted her thoughts:
Unlucky for me, but lucky in this regard, that I rarely have the strength to even get out of bed, never mind the thought of leaving my house, and I have...
May 3, 2012 —
In a case recently decided by an Arkansas Federal Court, MetLife prevailed in a lawsuit filed by an Eastman Chemical Company Employee. Ultimately, due to video surveillance, a lack of medical support, and the fact that the claimant had continued working at a side job (of which he had failed to inform MetLife of) while claiming to be disabled, the Court, it seems, had no choice but to agree with MetLife's decision to deny Long Term Disability...
May 2, 2012 —
As a disability lawyer that has handled thousands of disability insurance claims I often wonder about the qualifications and experience of the disability company employee that is making the decision to approve or deny my client's claim. During our routine activities of watching The Lincoln Financial Group, I came across an internet job posting for an "Associate LTD Benefit Specialist" at Lincoln Financial in Atlanta, Georgia.The qualifications...
April 30, 2012 —
A former Engineer Director for Bon Secours, with the help of his Pennsylvania Disability Attorney, were forced to file a federal ERISA lawsuit after Unum repeatedly denied his claim for Long Term Disability Benefits under a disability policy he was covered under through his employment with Bon Secours. After filing Cross Motions for Summary Judgment, the Court ultimately ruled in favor of the claimant and against Unum.
While most Courts...
April 27, 2012 —
Claiming that her long term disability benefits were denied improperly under the Employment Retirement Income Security Act of 1974 (ERISA) and 29 U.S.C.§ 1001, et. seq., Nancy C. and her Kentucky disability lawyer filed a disability lawsuit against her employer and disability insurer alleging that the denial of her long-term disability benefits by the insurer was "arbitrary and capricious" and constituted a "breach of fiduciary duty and/or bad...
April 24, 2012 —
Challenging the calculation that Prudential Insurance Company made when reducing their private benefit payments, Kathleen Schultz and Mary Kelly filed a class action lawsuit in hopes of receiving a positive, definitive decision concerning their claims.
Per ERISA (the Employee Retirement Insurance Security Act of 1974), when a disability claimant qualifies for Social Security Disability (SSD) Benefits and receives those benefits, the private...
April 20, 2012 —
A Minnesota Federal Court recently ruled against a claimant and in favor of the employer with regards to disability benefits. This case is a poignant reminder that even after being on claim for nearly 7 years, a claimant can be denied at any time. It further shows why it is important to have your claim sufficiently supported with evidence from your treating physician whether the claim administer requests it or not. Let's take a closer look at...
April 17, 2012 —
Recently, a claimant was forced to hire a California Disability Lawyer and file a lawsuit against MetLife after being denied continued Long Term Disability Benefits. After agreeing with the claimant that she was disabled through the "own occupation" period, the Court awarded the claimant benefits for that limited time period. However, the court then asked MetLife to take a closer look at the "any occupation" period. For an unexplained reason...
April 13, 2012 —
The widow of a claimant, who died from a malignant brain tumor, brought this lawsuit with the help of a Colorado Disability Lawyer after Sun Life refused to award cancer disability benefits. This case was not handled by our law firm and we have written this article to educate you about the conduct of Sun Life.
The case, as presented to the Court, convinced the Court that the claimant should have been awarded disability benefits, but the...
April 11, 2012 —
Recently, a former Compliance Specialist for PNC Financial Services Group was unsuccessful in her lawsuit again her former employer and Sedgwick. This case is a strong reminder that even though a claimant has been awarded disability benefits from the Social Security Administration, it does not mean that the Long Term Disability Insurance Provider must also award disability benefits.
For a related video and article on this subject, please...
April 9, 2012 —
Every day disability claimants around the country contact our disability attorneys about a CIGNA disability claim. Many individuals tell us similar stories about the manner in which their CIGNA disability claim has been handled.
We wanted to share with you a recent comment that was posted on our website about a CIGNA denial:
From: Laura S.
It saddens me to hear all the stories of individuals who worked and in the time of need were denied...
April 6, 2012 —
In Joanne C. Vs Reliance Standard Life Insurance Company, the Plaintiff seeks the reinstatement of her long term disability benefit payments as defined by the terms of the Plan.
The Plaintiff, with the help of her Michigan Disability Attorney, has filed this lawsuit against Reliance Standard Life Insurance Company (Reliance) due to the fact that Reliance failed to provide continuous long term disability benefits to the Plaintiff as promised...
April 5, 2012 —
A BellSouth Customer Service Assistant, with the help of his North Carolina Disability Attorney, was forced to file a lawsuit against Sedgwick after being denied continued disability benefits.
History of the Claim
Mr. D. was employed as a customer service assistant for BellSouth Telecommunications ("BellSouth") and was a participant in the Short Term Disability ("STD") Plan, which was administered by Sedgwick, for BellSouth employees. In...