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.
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...
April 4, 2012 —
The unreasonable Sedgwick Claims Management disability denial of AT&T employees appears to be a daily occurrence. Recently, it seems as if Sedgwick does not feel the need to comply with ERISA regulations.
The latest claims handling technique appears that Sedgwick will decide to deny a claim and then notify an AT&T employee via phone. Sedgwick will then set the claimant for a compulsory medical exam as they claim that the medical...
April 3, 2012 —
A recent nationwide study reveals that 92% of the public has heard of Fibromyalgia, but they don't actually know what it is.
Thousands of people every year are unable to work as a result of suffering from Fibromyalgia. In many situations it can take up to three years before a person is diagnosed with Fibromyalgia.
Fibromyalgia disability claims are becoming more accepted by insurance companies and the federal courts. There is no objective...
April 3, 2012 —
After being twice denied continued disability benefits, an Addiction Medicine Physician, with the help of his California Disability Attorney, was forced to file a lawsuit against Hartford.
Dr. K has been employed by Loma Linda University School of Medicine ("Loma Linda") as an Addiction Medicine Physician. In June 2007, Dr. K was forced to leave work due to acute myocardial infarction and severe coronary artery disease. After undergoing a...
March 30, 2012 —
This case sheds light on some of the questionable practices that some disability companies engage in when reviewing a disability claim.
Often, disability policies limit what a claimant can introduce to a judge to support his/her claim after being denied disability benefits under a policy governed by ERISA. Sometimes however, courts are allowed to consider more evidence in certain circumstances including when a disability insurer has been...
March 29, 2012 —
An attorney from California recently filed a federal lawsuit against The Prudential Insurance Company of America (Prudential). The Plaintiff, Brian W., was employed as a Field Technician by DRS Technologies, Inc. (DRS). This employment entitled the Plaintiff to short-term and long-term disability benefits under DRS' Disability Plan.
In Brian W. v. The Prudential Insurance Company of America, Plaintiff filed this lawsuit to reinstate long-term...
March 27, 2012 —
The United States District Court for the Southern District of New York recently held that MetLife's decision to deny benefits to a Plaintiff was unreasonable and ordered MetLife to reconsider Plaintiff's Long Term Disability claim.
Plaintiff was 39 years old when MetLife approved his short-term disability claim due to herniated discs in his cervical and lumbar spine, scoliosis, canal stenosis, carpal tunnel syndrome, cervical radiculopathy...
March 26, 2012 —
A New York attorney recently filed a federal lawsuit against The Prudential Insurance Company of America (Prudential). The Plaintiff, Gaye D., was employed by KeyCorp as a District Manager/Area Retail Leader. Her employment enabled Plaintiff to be covered by KeyCorp's long-term disability Plan, which was funded by Prudential.
In Gaye D. v. The Prudential Insurance Company of America, Plaintiff seeks the payment of owed long-term disability...
March 26, 2012 —
On March 22, 2012, UNUM insurance company's CEO Tom Watjen spoke at a United States Senate Committee hearing about the value of disability insurance coverage for individuals and the need for the private disability insurers and the government to work together in order to offer the coverage to more employees. Unum's CEO stated, "The ability to earn a living is the most important asset people have, and protecting that asset benefits individuals...
March 23, 2012 —
A Pennsylvania court recently awarded $27,000 in attorneys' fees to Ms. G. after she and her disability attorney won a judgment against Life Insurance Company of North America ("LINA") also known as CIGNA for short-term disability ("STD") benefits. This case is a good discussion of the analysis a court will go through in order to award attorney fees to a prevailing disability insurance claimant.
Ms. G. worked as a phlebotomist at Quest...
March 22, 2012 —
A disability attorney in the state of Indiana recently filed a federal lawsuit in Indiana against Life Insurance Company of North America (LINA) and Toyota Motor Long-Term Disability Plan (Toyota). The Plaintiff, Julie S., was employed by Toyota as a Quality Assurance Monitor, which made her eligible for Toyota's long-term disability plan, which was funded by LINA.
In Julie S. v. Life Insurance Company of North America and Toyota Motor...
March 20, 2012 —
A Washington lawyer just filed a federal lawsuit against The Prudential Insurance Company of America (Prudential). The Plaintiff, Jewel T., worked as an Escalation Specialist for Microsoft. This employment entitled to the Plaintiff to short-term and long-term disability benefits via Microsoft's Group Disability Insurance Plan that was funded by Prudential.
In Jewel T. v. The Prudential Insurance Company of America, Plaintiff seeks long-term...
March 19, 2012 —
An Illinois district court refused to let Hartford, a disability insurance company, evade an Illinois law, which was enacted to protect consumers. The law was passed to basically "level the playing field" for insurance companies and the consumers that rarely have a fighting chance against these corporate giants.
Disability insurance policies often contain a contractual term called a discretionary clause that grants the insurance company the...
March 16, 2012 —
A lawyer from Colorado just filed a federal lawsuit in Federal Court of Colorado against the Life Insurance Company of North America (LINA). The Plaintiff, Carl E., was employed by Asurion. This made the Plaintiff eligible and covered by a group disability insurance plan provided by Asurion and administered and funded by LINA.
In Carl E. v. Life Insurance Company of North America, Plaintiff filed this disability lawsuit in order to regain the...
March 15, 2012 —
After failing to pay a LINA disability policyholder his entitled disability benefits the insurance company was forced by a New York court to follow through with its contractual obligations. Curt, a former employee of BorgWarner Morse TEC Inc. received long-term disability benefits under the group insurance policy issued by LINA. LINA later concluded the BorgWarner employee no longer met the definition of disabled under the policy and terminated...
March 13, 2012 —
An attorney recently filed a federal lawsuit in the Ohio district court against The Prudential Insurance Company of America (Prudential) and Clopay Corporation Long-Term Disability Coverage (Clopay). The Plaintiff, Kimberly G., was employed as a Customer Service Representative at Clopay Corporation, providing her with short-term with Principal Financial and long-term disability benefits with Prudential.
In Kimberly S. v. The Prudential...
March 8, 2012 —
An attorney has filed a Federal disability lawsuit in Ohio Federal Court against Lincoln Financial Group (Lincoln). The Plaintiff, George P., was employed by Kirk & Blum, a subsidiary of Ceco Environmental, as a metal fabricator. This employment enabled the Plaintiff to be covered by a group insurance policy provided on behalf of Ceco Environmental employees and insured by Lincoln.
In George P. v. Lincoln Financial Group, Plaintiff seeks...
March 6, 2012 —
A Utah Federal Judge reversed a Hartford long term disability insurance benefit denial on the basis that it was "unreasonable and, thus, arbitrary and capricious". The judge's opinion in this case is a great victory for disability insurance claimants disabled by Fibromyalgia or by Chronic Fatigue Syndrome. Additionally, the Judge that decided this case should be commended for seeing through Hartford's bullshit review of the file and taking the...
March 5, 2012 —
The Prudential Insurance Company of America (Prudential) had four different lawsuits filed against it by four Plaintiffs in the District Courts of South Carolina (2 cases), New York, and West Virginia. In all four cases filed via the respective Plaintiffs' disability lawyers, Prudential is accused of wrongfully denying or terminating the Plaintiffs' claims for long-term disability benefits as promised under their respective plans and by...
February 28, 2012 —
Disability insurance claimants are routinely telling our disability insurance attorneys about their dissatisfaction with the manner in which a disability insurance company has handled their claim for disability benefits. Let's take a look at why this disappointment is taking place.
Most commonly our long term disability lawyers are asked questions such as:
Why does it take the disability company so long to process my disability...
February 28, 2012 —
A former Marriott Employee was unsuccessful in his lawsuit seeking a reversal of Aetna Life Insurance Company's disability insurance denial. As a former director of engineering, earning more than $200,000 a year, this former Marriott employee stopped working due to disabling lumbar herniations and back pain. After being denied and then approved for short term disability benefits during a five month period this claimant was eventually denied his...
February 28, 2012 —
A Montana disability lawyer recently filed a federal lawsuit against the AXA Equitable Life Insurance Company (AXA). The Plaintiff, Marise J., M.D., was employed as a licensed medical doctor and was board certified in internal medicine. She had been practicing medicine for over 30 years.
In Marise J., M.D. v. AXA Equitable Life Insurance Company, Disability Management Services, Inc., and Does A-E, Inclusive, Plaintiff has filed this v to...
February 24, 2012 —
Applying for disability insurance benefits is a complex process that requires a claimant to be familiar with all of the requirements in a disability policy. We often see that disability claims are denied benefits because a claimant does not select the correct date of disability.
A date of disability is not always the last date you worked or the first time that you saw a doctor. Many claimants suffer for weeks or months before they finally...
February 23, 2012 —
This case is another reminder of the importance to comply with ERISA disability Appeal time deadlines. Plaintiff was a commissioned securities broker for Wachovia Corporation, and a participant in Wachovia's Long Term Disability Plan ("the Plan"). Liberty Mutual was the administrator of the plan. He was awarded Long term disability benefits in 2005, though he disputed the amount he was being paid monthly.
In 2007, he received a Liberty Mutual...