Continental Insurance Company ordered to pay long-term disability benefits to bank employee

June 23, 2006, U.S. District Judge Joe B. McDade of the Central District of Illinois Ruled in favor of Susan Svejda, an employee of Mercantile Bancorp. Ms. Svedja was employed with Mercantile until 2002. After several visits to physicians and her neurologist, Dr. Douglas Sullivant, M.D., Ms. Svedja was diagnosed with MS, Chronic imbalance, depression and bowel problems including IBS (Irritable Bowel Syndrome) which require her to frequently rush to the bathroom, often times not making it due to other infirmities. As a result of these conditions, Ms. Svedja stopped working and applied for long-term disability benefits from Mercantile’s insurance contract with Continental.

Continental had Ms. Svedja’s medical records reviewed by their physician, Dr. Eugene Truchelet, who concluded there was not enough information regarding Svedja’s bowel problems to conclude whether she merits long term disability benefits, however she would require some workplace limitations including being close to a restroom.

An investigation ensued, and Ms. Svedja’s physical demands at the office were examined. The conclusion was that Ms. Svedja was required to be placed in close proximity to a restroom due to her bowel complications. Mercantile claimed it was not feasible to move Svedja’s desk to accommodate her. Mercantile subsequently denied Svedja’s claim and she promptly filed suit seeking benefits under the Employee Retirement Income Security Act (ERISA).

Judge McDade stated that Continental’s denial of Ms. Svedja’s claim was unreasonable under an arbitrary and capricious standard of review. Judge McDade stated Continental “chose to completely ignore the unfavorable information that Mercantile submitted about not being able to move Ms. Svedja’s desk close to a restroom, which would allow her to continue to work,” and “failed to provide a specific reason for denial of benefits when they ignored doctors’ opinions.”

Judge McDade found that Ms. Svedja is entitled to benefits under the disability policy. Susan Svejda v. Mercantile Bancorp Inc., et al., No. 04-1263, C.C. Ill.

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Roycelyn G. (Kentucky)

After exhausting all efforts to find a local disability law firm to assist me with submitting claims for LTD non-ERISA and ERISA disability insurance policies, I resorted to a Google search for disability law firms. I decided to contact Dell & Schaefer Law Firm after reading their clients reviews and watching videos on their website. Within 24 hours of contacting Dell & Schaefer Law Firm, I received I call back and an appointment was made with Steven J. Dell, who after hearing my story decided to personally work with me.

He told me that he would put 100% effort to get me on claim. Mr. Dell and his assistant, Merlin Bryan were always available via phone or email to answer any questions that I had regarding my application for long term disability. He was meticulous in guiding me through the process leaving no stone unturned. My claims were approved on the initial application! I know that it was due to the diligence of my attorney, Steven J. Dell. Without Mr. Dell, my application for long term disability would have been rejected. I am very grateful to have had the representation of attorney, Steven J. Dell.

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