Cigna Overturns Denial of Long Term Disability Benefits On Appeal

Prior to filing for long term disability benefits our client worked as a Sales Representative in the furniture industry. However, chronic back and neck pain resulting from unsuccessful back and neck surgery cut his career short. Once the physical demands became too much to handle he filed a claim for disability benefits with Cigna under this employer’s short and long term disability insurance policies. Our client initially experienced no difficulties in dealing with Cigna and his claim for short term disability was approved and then transitioned into long term disability without any issue from Cigna. Like the vast majority of Cigna disability insurance policies, our client’s policy contained a 24 month own occupation definition of disability, and like the majority of Cigna claimants his real difficulties began as he neared the end of the own occupation period, culminating in a denial of benefits three months prior to the change in definition to the “any occupation” standard of disability.

After receiving the denial letter our client contacted Attorneys Dell & Schaefer and spoke with Attorney Stephen Jessup. Attorney Jessup’s review of the denial letter pointed to characteristics common to a denial of benefits from Cigna. In terminating the claim Cigna relied on very limited video surveillance and the opinions of an internal medical director and a nurse case manager, both of whom placed a large emphasis on video surveillance than medical evidence in rendering their opinions that our client would be able to return to “light” duty work. Despite the basis of the denial, of note to Attorney Jessup was the fact that our client’s policy contained favorable language as it related to what constituted “any occupation” under the policy. Specifically, the definition of any occupation contained an income component that the alternate occupation must be able to pay at least 80% of our client’s prior earnings- a fact that Attorney Jessup knew would work strongly in our client’s favor.

The policy language made it clear that the earnings requirement for “any occupation” greatly limited any vocational review that could be performed by Cigna. This resulted in his pre-disability occupation as a Sales Representative being determined as the only “any” occupation our client would be qualified to perform based on training, education and experience that would pay him 80% of his prior earnings. Effectively, our client’s policy was a de facto “own occupation” policy. This in turn begged the question – if Cigna had determined for over two years that our client could not perform the duties of his prior occupation, what had changed that led Cigna to believe he would not be able to? The answer was simple – the video surveillance.

Attorney Jessup’s review of the medical records clearly indicated that there was no substantive change in our client’s medical status that would indicate an improvement to a level that would allow him to return to his former occupation. To further verify and prove this fact on appeal, Attorney Jessup had our client undergo a Functional Capacity Examination, the results of which objectively indicated our client did not have the physical capacity to work at a Light duty demand occupation. As the medical evidence was clearly in support of our client’s claim, that left the video surveillance as the main basis of Cigna’s denial of benefits.

A good portion of the actual surveillance conducted by Cigna’s investigators culminated into the written report of the investigator, who had followed our client into the bar area of a popular chain restaurant where he overheard our client claim to “partake in fishing tournaments and be an avid outdoorsman” while he “consumed alcohol and conversed with patrons.” These claims were actually considered by Cigna’s medical staff as evidence of our client’s physical abilities. Ultimately, our client’s claim for disability was denied not because of a lack of objective medical evidence, but rather because of his tall tales of fishing over beers at a bar. This fact was the central theme of Attorney Jessup’s appeal and argument as to our client’s entitlement to continued benefits.

Cigna’s appeals department, presented with strong argument as to the arbitrary and capricious denial of our client’s claim, along with additional objective medical evidence in support of continued disability, was left with little choice but to reinstate our client’s claim for benefits.

This denial of benefits shows the lengths that Cigna will go to in denying a claim for benefits. Instead of relying on clinical medical evidence, the opinions of a treating physician, or even the opinions of an independent medical examiner, Cigna relied on inconsequential video surveillance that in no way established our client was able to return to work. Acting with relative impunity and a lack of any real concern as to being punished for such actions under ERISA, Cigna will look to deny a claim for any reason to see if a claimant will put up a fight. Thankfully, our client and Attorney Jessup, weren’t afraid of a good fight.

If you have a disability insurance claim with Cigna and have any questions regarding your claim, policy or concerns about Cigna’s actions please feel free to contact our office for a free consultation.

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FAQ

Do you help Cigna claimants nationwide?

We represent Cigna clients nationwide and we encourage you to contact us for a FREE immediate phone consultation with one of our experienced disability insurance attorneys.

Can you help with a Cigna disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Cigna. We have helped thousands of disability insurance claimants nationwide with monthly disability benefits. With more than 40 years of disability insurance experience we have helped individuals in almost every occupation and we are familiar with the disability income policies offered by Cigna.

How do you help Cigna claimants?

Our lawyers help individuals that have either purchased a Cigna long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer.

Our experienced lawyers can assist with Cigna:

  • ERISA and Non-ERISA Appeals of Disability Benefit Denials
  • ERISA and Non-ERISA Disability Benefit Lawsuits
  • Applying For Short or Long Term Disability Benefits
  • Daily Handling & Management of Your Disability Claim
  • Disability Insurance Lump-Sum Buyout or Settlement Negotiations

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

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When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

Jane F.

When I called Dell & Schaefer I felt hopeless. When I called, a phone conference was immediately set with an attorney, Rachel Alters. The attorney listened carefully to my story, and my concerns. She was thoughtful even as I had difficulty holding back my tears and maintaining my composure. I sent several documents via e-mail and fax and she returned my call within a very reasonable amount of time. I was so grateful when she agreed to take the case.

The attorney had an assistant that was also helpful. I felt very well advised and confident that Dell & Schaefer and my attorney were on my side. I was also relieved to know that once I sent the information to the firm that my work, such as reviewing and completing paper work, or calling doctors for further documents, was mostly finished. They took the reigns. I didn’t have to try and keep fighting all by myself. I was already exhausted by my disability and the legal fight was making my life even more miserable. After what seemed like a long time, although only six short months, Rachel called to tell me that she had a settlement offer from the insurance company that had denied any benefits to me for over 2 years. Rachel and each staff member treated me with respect and understanding. I am very grateful for their help and so grateful that a firm exists that can fight against these big insurance companies and win.

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